You can’t personally press charges against someone who stole your package, because that decision belongs to a prosecutor, not to you. What you can do is report the theft to police (and to the U.S. Postal Inspection Service if USPS delivered it), turn over every piece of evidence you have, and let the prosecutor decide whether to file criminal charges. Your report is what starts the process. Without it, nothing happens.
Who Actually Decides to Charge Someone
The phrase “pressing charges” makes it sound like victims control prosecution. They don’t. Police officers make arrests, but the prosecutor’s office independently reviews the evidence, weighs the likelihood of conviction, and decides what charges, if any, move forward.1United States Department of Justice. Justice Manual 9-27.000 – Principles of Federal Prosecution
Your role is still central. The police report creates the official record. The evidence you provide becomes the raw material a prosecutor uses to build a case. Weak or missing evidence is one of the main reasons package theft cases stall, so if you want the thief held accountable, your job is to make the prosecutor’s job as easy as possible.
How to Report a Stolen Package
Start With Local Police
Call your local police department’s non-emergency line. You’ll need the date and approximate time of the theft, your address, a description of the package and its contents, the estimated value, and any evidence you already have — security camera footage, delivery confirmation screenshots, witness names. Many departments now accept online reports for property crimes.
Be realistic. Departments handle enormous caseloads, and a stolen $30 package won’t get the same attention as a stolen car. That doesn’t make the report pointless. It creates a paper trail you’ll need for insurance claims, carrier disputes, and any future prosecution, and if the same thief hits your neighborhood repeatedly, those reports build a pattern that moves the case up the priority list.
Also Report USPS Theft to the Postal Inspection Service
If the stolen package was delivered by the U.S. Postal Service, file a separate report with the U.S. Postal Inspection Service. USPIS investigates crimes involving mail in USPS custody, including package theft from mailboxes and porches after delivery.2eCFR. Title 39 Part 233 – Inspection Service Authority You can report online at uspis.gov or by calling 1-877-876-2455.3United States Postal Inspection Service. Report
File both reports. USPIS has federal jurisdiction local police lack, and federal mail theft penalties are often stiffer than state charges.
Evidence That Gets Charges Filed
The difference between a package theft that gets prosecuted and one that goes nowhere almost always comes down to evidence. Prosecutors won’t file charges they can’t win, and “my package disappeared” isn’t enough on its own.1United States Department of Justice. Justice Manual 9-27.000 – Principles of Federal Prosecution
Video Footage
A clear video of someone walking up to your porch and taking the package is the single most valuable piece of evidence you can hand over. Doorbell cameras and home security systems with timestamps give investigators the suspect’s appearance, clothing, vehicle, and the exact time of the theft. Save the footage immediately, because most systems overwrite after a set number of days. Give police the original file rather than a compressed version posted to social media; resolution matters for identification.
Delivery Records
Every major carrier generates a digital trail: tracking scans showing when the package left the warehouse, arrived at the local facility, went out for delivery, and was marked as delivered. Many carriers also capture GPS coordinates and a photo at the delivery location. That data establishes the package actually arrived at your door, which undercuts any defense that it was never delivered. Save screenshots of your tracking history, delivery confirmation emails, and any drop-off photo.
Witnesses
Neighbors who saw someone take the package, or who have their own camera footage from a different angle, can fill gaps your evidence alone can’t cover. Get their contact information right away and encourage them to give a statement to police. A written statement given the same day carries more weight than a vague recollection months later.
What Law the Thief Can Be Charged Under
Federal Law for USPS Packages
When USPS delivered the package, federal criminal law applies. Under 18 U.S.C. § 1708, anyone who steals a letter, package, or any item from a mailbox, post office, mail carrier, or other authorized mail depository faces up to five years in federal prison, a fine, or both. The same penalty applies to anyone who knowingly buys or possesses stolen mail.4Office of the Law Revision Counsel. 18 USC 1708 – Theft or Receipt of Stolen Mail Matter Generally A separate statute, 18 U.S.C. § 1702, makes it a federal crime to take mail before it reaches the intended recipient, also punishable by up to five years.5Office of the Law Revision Counsel. 18 USC 1702 – Obstruction of Correspondence
These federal statutes only apply to items delivered through USPS. Packages shipped by UPS, FedEx, Amazon’s own drivers, or other private carriers fall under state theft laws. The same porch theft can be a federal felony or a state misdemeanor depending entirely on which truck delivered it.
State Theft and Porch Piracy Laws
Every state treats stealing personal property as a crime, and package theft fits within general theft or larceny statutes. Severity almost always hinges on the value of what was stolen. Low-value thefts are typically misdemeanors; once the stolen property crosses a state’s dollar threshold, the charge jumps to a felony.
A growing number of states have enacted laws specifically targeting package theft, sometimes called porch piracy statutes. These treat stealing delivered packages as a distinct offense, often with harsher penalties than the value alone would trigger. Some impose automatic felony charges when a person steals packages from multiple addresses or commits a second package theft offense, regardless of how little the packages were worth.6Justia. Georgia Code 16-8-25 – Porch Piracy
Penalties a Convicted Package Thief Faces
Penalties depend on the value of the stolen items, the jurisdiction, and the offender’s record. At the misdemeanor level, a conviction can mean fines, probation, community service, or a jail sentence often up to one year. Felony package theft, triggered by higher-value items or repeat offenses, carries potential prison sentences of several years and substantially larger fines. Federal mail theft under § 1708 carries up to five years regardless of the package’s value.4Office of the Law Revision Counsel. 18 USC 1708 – Theft or Receipt of Stolen Mail Matter Generally
Several factors can push state charges higher:
- Prior theft convictions. Many states elevate a misdemeanor theft to a felony after two or more prior convictions, even for low-value property.
- Multiple packages or addresses. Stealing from several homes in a single spree can trigger felony charges under porch piracy statutes.6Justia. Georgia Code 16-8-25 – Porch Piracy
- Vulnerable victims. Some jurisdictions impose enhanced penalties when the victim is elderly or disabled.
Courts can also order restitution as part of sentencing, requiring the convicted thief to repay you for the value of the stolen property. In federal cases, restitution for property offenses is mandatory; the judge must order the defendant to return the property or pay its value.7Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes Whether you actually collect depends on the defendant’s financial situation, but the order itself becomes an enforceable judgment. If the case reaches sentencing, you may also have the opportunity to submit a victim impact statement describing the financial and personal effects of the theft.8Office for Victims of Crime. Key Findings
Getting Your Money Back While the Case Moves
Criminal prosecution is slow and uncertain. Most package theft victims recover their losses faster through other channels, sometimes within days, and pursuing these does not interfere with any charges.
Contact the Retailer
Reaching out to the seller is usually the fastest route to a replacement or refund. Most major online retailers cover packages that tracking shows as delivered but that the buyer never received. Amazon’s A-to-Z Guarantee lets you request a refund when tracking says “delivered” but the package hasn’t arrived; you have 90 days from the estimated delivery date, though Amazon may ask you to contact the seller first and wait 48 hours before stepping in.9Amazon. A-to-z Guarantee Smaller retailers may be less accommodating, especially when tracking confirms delivery. A police report helps, because it shows you’re not just claiming a package vanished to get free merchandise.
Carrier Claims
All three major carriers accept claims for lost or stolen packages, though deadlines are tight and the shipper (the retailer) typically has to file. If a carrier tells you only the sender can file, ask the retailer to do it on your behalf.
- USPS indemnity claims for most domestic mail types must be filed no sooner than 15 days and no later than 60 days from the mailing date. Priority Mail Express claims can be filed after 7 days.10USPS. 609 Filing Indemnity Claims for Loss or Damage
- UPS claims must be filed within 60 days of the scheduled delivery date.11UPS. File a Claim
- FedEx claims for damaged or missing contents must be filed within 60 days of the shipment date; claims for completely lost shipments have a longer window of nine months from the shipment date.12FedEx. File a Claim
Credit Card and Insurance Coverage
Some credit cards include purchase protection covering stolen items for a limited window after purchase. Coverage varies by card, but you’ll generally need the original receipt, a statement showing the charge, and a police report. If you also have homeowners or renters insurance, the card issuer may require you to file with your insurer first. Check your card’s benefits guide.
Homeowners and renters insurance treats a stolen package as stolen personal property, and most policies cover it. The catch is the deductible. If your deductible is $500 or $1,000 and the package held a $60 sweater, filing a claim doesn’t make sense. For a high-value delivery like electronics or jewelry, your policy may cover the loss minus the deductible. Review any sub-limits for specific categories, which are often capped well below the overall coverage limit.
Small Claims Court
If you know who took your package, small claims court is designed for exactly this kind of dispute. Maximum claim limits range from $2,500 to $25,000 depending on the state, with most states setting the cap around $10,000. You don’t need a lawyer, filing fees are low, and the burden of proof is lower than in a criminal case — you only need to show it’s more likely than not that the defendant took your property. The practical challenge is identifying the thief and being able to serve them with papers. If they’re a stranger on a grainy camera, you may have a case in theory but no one to sue.