Mail key and lock misuse would carry felony penalties

Obtaining, possessing, copying, transferring, or using covered mail keys or locks with the required intent would be a Class IV felony, a serious crime. The keys or locks must be adopted for authorized mail containers by the United States Postal Service, its contractors, or commercial couriers that deliver mail. The person must intend to commit fraud or deprive someone else of property. Handling a key or lock alone would not qualify.

Leaders whose ongoing criminal operations include the mail-key or lock offense would face separate felony penalties if they meet the listed requirements. The felony category depends on participant numbers or total receipts, including those of other criminal operations the person led. The person must commit a covered offense as part of a continuing series, lead at least two other participants, and gain substantial income or resources from those activities.

Courts could order forfeiture, meaning people must give up certain property linked to the mail-key or lock offense. Covered property includes money, vehicles, and electronic equipment linked to the offense. Normally, prosecutors must request forfeiture, obtain a conviction, and prove with clear and convincing evidence that the property came from, helped, or was intended to help the offense. A conviction is not required if the owner dies or is removed from the United States before charges or conviction, cannot be identified for a legitimate reason, or fails to appear after prosecution starts and is not apprehended within twelve months of the court's failure-to-appear order. The charging request is also waived if the owner dies or is removed from the United States before charges, while the time allowed to prosecute has not expired. A plea agreement may allow forfeiture with notice to or approval of the court. Other people with a legal interest may seek their property's return by showing innocent ownership or that it was unrelated to the offense.