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Bill Summary · HB 210

HB 210 — Criminal Law: Mail and Package Theft (Porch Piracy Act of 2025) — Summary

Status & procedural notes
- Short title: "Porch Piracy Act of 2025" (criminalizes theft of mail and packages).
- Introduced (Maryland): prefiled Oct. 2024 / introduced Jan. 8, 2025 (committee activity through March–April 2025). Fiscal note issued as Third Reader — Revised. (Document sources indicate committee referral to Judicial Proceedings.)
- Fiscal impact: Department of Legislative Services estimates no material effect on State or local finances or operations.

Purpose and intent
- Create a distinct offense for theft of mail and packages to address "porch piracy" and related conduct, strengthen penalties for use of USPS master/arrow keys, and update the separate offense for opening mail addressed to another person.
- Provide law enforcement tools (including limited authorization to use facial‑recognition technology in investigations of mail theft) and clarify court jurisdiction for these offenses.

Key provisions and changes
1. New offense — mail theft
- Mail theft defined to cover:
- Violations of the State general theft statute (§ 7‑104) when the property stolen is “mail” (an item delivered or intended to be delivered by USPS or a delivery service), and
- Specific acts involving use or possession of an “arrow key” (a key designed exclusively to allow postal or common‑carrier employees access to mail depositories).
- Sentencing: a conviction for mail theft may be imposed separate from, and either concurrent with or consecutive to, sentences for other crimes based on the same acts.

  1. Penalty structure (as summarized in the fiscal note)

    • Theft involving one or more items of mail (non‑arrow key): misdemeanor — up to 2 years imprisonment and/or up to $1,000 fine.
    • Theft of mail using an arrow key: felony — up to 5 years imprisonment and/or up to $5,000 fine.
    • Possession of an arrow key with intent to use it (or allow its use) to commit mail theft: felony — up to 3 years imprisonment and/or up to $3,000 fine.
  2. Repeal and replacement of “opening a letter” offense

    • Repeals existing narrow crime of “taking and breaking open a letter” (old penalty six days/$15 fine).
    • Replaces with broader prohibition: knowingly and intentionally opening mail addressed to another without permission of the addressee or their authorized representative.
    • New penalty: misdemeanor — up to one month imprisonment and/or up to $1,000 fine.
  3. Jurisdiction and investigative authority

    • District Court and circuit courts: District Court has concurrent jurisdiction with circuit courts to try felony mail theft under this bill.
    • Law enforcement: a police officer or agency may use facial‑recognition technology to investigate the commission or attempted commission of mail theft. (Use of facial recognition remains subject to the State’s statutory requirements and limitations on such technology.)

Who is affected
- Individuals and households who receive deliveries (intended beneficiaries of increased protections).
- Potential offenders (residents and others who intercept mail/packages), with enhanced penalties especially for use/possession of arrow keys.
- USPS and private delivery services (arrow key protections; coordination in investigations).
- Law enforcement and courts (jurisdictional adjustments; new authority to use facial recognition for these investigations).
- Privacy/ civil‑liberties stakeholders may be affected indirectly by expanded authorized uses of facial‑recognition tools.

Context and related law
- Federal mail theft and related offenses (18 U.S.C. §§ 1707–1708) already prohibit stealing or receiving stolen mail and impose federal penalties; this bill creates or clarifies parallel State offenses and penalties.
- The fiscal note notes limited historical prosecutions under the prior “opening a letter” statute (very few charges and convictions in recent years).

Bottom line
HB 210 establishes a focused State offense for mail/package theft, escalates penalties for thefts involving arrow keys, replaces an outdated opening‑letter misdemeanor with a broader mail‑opening prohibition, clarifies court jurisdiction, and permits law enforcement to use facial‑recognition technology in mail‑theft investigations. The bill is intended to deter porch piracy and to provide clearer criminal penalties and investigative tools while imposing minimal fiscal impacts on State and local governments.

Compiled from official sources — confirm details with the bill’s official record.

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