Re: obstruction of correspondence (18 USC Section 1702)

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On 8/13/07, tnaff wrote:
> Does the individual who SENDS mail that was opened--and
> destroyed--by someone other than the addressee have any
> recourse against the person who is responsible for
> obstruction of correspondence?

You have correctly cited the applicable statute. The
recourse of 18 USC § 1702 is for the government to pursue.
As an individual, anyone may make a complaint to the
authorities about a violation of § 1702 then it is up to the
federal prosecutor whether or not to make a case. (even a
neighbor who has no stake in the mail in question could
bring a criminal complaint to the authorities) No
compensation is available under § 1702 for an individual who
has been wronged. However, anyone who has suffered a loss
because of a violation of § 1702 (such as the sender) could
of course bring a civil action for damages. You could bring
that action in a state court or possibly in federal court if
the civil complaint is based on a federal question.

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18 USCS § 1702

§ 1702. Obstruction of correspondence

Whoever takes any letter, postal card, or package out of any
post office or any authorized depository for mail matter, or
from any letter or mail carrier, or which has been in any
post office or authorized depository, or in the custody of
any letter or mail carrier, before it has been delivered to
the person to whom it was directed, with design to obstruct
the correspondence, or to pry into the business or secrets
of another, or opens, secretes, embezzles, or destroys the
same, shall be fined under this title or imprisoned not more
than five years, or both.