Re: obstruction of correspondence (18 USC Section 1702)

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On 8/13/07, annon. wrote:
> 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.
>
> **************************************
> 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.