11th Cir. Pattern Jury Instr. (Criminal) O66.2

18 U.S.C. § 1708

(Third Paragraph)

It’s a Federal crime to possess stolen mail while knowing it is stolen.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the [letter] [mail matter] described in the indictment was stolen

from [the United States mail] [a post -office or post-office station]

[a letter box] [a mail receptacle] [a mail route] [an authorized

depository for mail matter] [a letter or mail carrier];

(2) the Defendant possessed the [letter] [mail matter] after it was stolen;

and

(3) the Defendant knew that the [letter] [mail matter] was stolen.

Mail is in the United States mail if it’s in a post- office, an authorized

depository, with a mail carrier, or if it has been in the custody of a mail carrier.

A private mail box or mail receptacle is an “authorized depository for mail.”

Mail hasn’t been delivered until it has been taken from the depository by the

addressee or a person acting on behalf of the addressee.

Mail matter is “stolen” when it has been purposefully taken from [the United

States mail] [a post-office or post-office station] [a letter box] [a mail receptacle] [a

mail route] [an authorized depository for mail matter] [a letter or mail carrier]

without permission and when the person taking the mail intends to keep it for that

person’s own use or for any other person other than the mail’s addressee.

The heart of the crime is the intentional possession of stolen mail. The

Government doesn’t have to prove who stole the mail. It also doesn’t have to prove

whether the Defendant knew that the mail was stolen before it was delivered to the

addressee. The Government only has to prove that the Defendant possessed the

mail and knew it was stolen.