New felony for package theft by carriers

Summary#

S-10703 would amend New York’s Penal Law by creating a new crime, “private carrier package theft,” and changing the law on fines. Its stated goal is to make certain package theft a separate class E felony; the bill is introduced and is not law.

  • The new crime would cover intentionally stealing, taking, or unlawfully possessing a package entrusted to a private carrier, before the intended recipient or an authorized recipient lawfully receives it.
  • It would apply to packages in a carrier’s custody, including in a carrier vehicle, and at delivery locations such as a porch, lobby, or package room. It would also cover packages in transit or left for scheduled pickup.
  • A court could impose a fine of up to $250,000. The bill does not make that maximum fine automatic.
  • The bill would take effect on November 1 after the date it becomes law.

What it means for you#

  • People accused of taking packages: If the bill became law, conduct meeting its terms could be charged as a class E felony. The bill does not state other sentencing consequences.
  • Package recipients: The offense would cover packages before they are lawfully received by the intended recipient or someone authorized to receive them. The bill does not directly change delivery rules or create a package-protection service.
  • Courts: A court could impose a fine of up to $250,000 for this offense.
  • Private and commercial carriers: The offense refers to packages entrusted to a private carrier and to custody or delivery by a commercial carrier. The bill does not assign carriers new duties.

Money#

No publicly available information on the bill’s implementation costs.

  • A court could impose a fine of up to $250,000, but the bill does not require the maximum fine or estimate fine revenue.
  • The bill provides no estimate of costs for courts or law enforcement.
  • The supplied material does not include the current Penal Law text, so the existing fine limits and how they compare cannot be verified.

What is unclear#

  • The bill does not define “private carrier,” “commercial carrier,” “unlawfully possesses,” or “designated delivery location.”
  • It sets no package-value threshold and does not spell out exceptions or defenses. Other parts of the law may affect those questions, but the supplied material does not include them.
  • The supplied material does not include the current Penal Law, so it is unclear how this new offense would interact with existing theft offenses and penalties.
  • The bill does not state the full sentencing consequences of a class E felony.
  • Passage is uncertain. The start date would depend on when, if ever, the bill becomes law.

Case for#

  • A separate offense could make clear that taking a package before its intended recipient receives it is a specific crime.
  • The listed locations and situations expressly include packages in transit, at delivery points, and left for scheduled pickup.
  • Making the offense a felony and allowing a substantial fine could give courts a serious penalty option. The fine would remain discretionary.

Case against#

  • The bill does not set a minimum package value, so its terms could apply to packages of different values.
  • The maximum fine of $250,000 is large, and the bill does not explain how courts should decide when such a fine is appropriate.
  • Several key terms are undefined, leaving uncertainty about what conduct or locations are covered.
  • Without the current Penal Law text, it is unclear whether this new offense would duplicate existing theft laws or how its penalties would compare.