Reviewed by William A. Proetta, Esq. · Updated October 2026
Short answer: Taking a package that a carrier delivered to a residential property is a third-degree crime in New Jersey, three to five years and up to $15,000, as long as the package is worth less than $75,000 or its value is unknown. The charge is theft under N.J.S.A. 2C:20-3, graded by N.J.S.A. 2C:20-2(b). The value of what was inside does not set the grade. A $12 box and a $400 box are charged the same way.
I am William Proetta, and I have defended theft cases in Hudson County for over 15 years. Package cases now fill a real part of that work, because high-rise lobbies in Jersey City and Hoboken produce video of nearly every delivery. Call (201) 793-8018 any time for a free review.
Is stealing a package a felony in New Jersey?
New Jersey does not use the word felony. It uses degrees, and a third-degree theft is an indictable crime, the same category as a felony elsewhere. N.J.S.A. 2C:20-2(b) puts theft in the third degree when the property stolen is a package delivered to a residence by a cargo carrier and the amount is under $75,000 or undetermined. UPS and FedEx deliveries are the clear cases. Whether another delivery service, such as the Postal Service or a local courier, qualifies is something the statute does not spell out, and it can be argued.
Bills introduced in Trenton in 2026 would create a separate “porch piracy” crime with higher penalties. We found none enacted as of October 2026. The grading above is the law that applies.
If the package does not fit that description, ordinary value grading applies. Under $200 is a disorderly persons offense, $200 to $500 is fourth degree, and above $500 is third degree. A parcel a friend dropped off, or something left at a business, can fall in that lower tier. See our guide to theft of movable property.
Who is charged in Jersey City and Hoboken, and where?
Most cases come from building lobbies, not porches. In the Journal Square, Newport and Hoboken waterfront towers, couriers leave boxes in a vestibule or package room. Residents and visitors get the same entry. The charged person is often a resident of the building, a neighbor, a visitor, or someone who followed another person through the door.
A disorderly persons package case is heard in the town’s municipal court. A third-degree charge is screened by the Hudson County Prosecutor’s Office and goes to the Criminal Division of Superior Court at the Frank J. Guarini Justice Complex, 24 Central Avenue, Jersey City. Many package cases are indictable from the day of the complaint, which is why the grading rule matters so much.
If the allegation is that you got into a locked lobby or mailroom with the purpose of taking packages, the State may also consider burglary. Whether a lobby is part of the “residential dwelling” is a contested question that changes the degree. Read how burglary is charged before you assume it is only theft.
Mail theft is federal. Yes, when the mail is in the postal system. 18 U.S.C. § 1708 makes it a federal crime to take mail from a mailbox, a mail route or a letter carrier, with up to five years in prison. A UPS or Amazon box is not mail, so it falls under New Jersey law. A package delivered by the U.S. Postal Service sits closer to the federal line. Federal charges are decided by postal inspectors and the U.S. Attorney’s Office, not the Hudson County Prosecutor.
How is doorbell and lobby camera video used in these cases?
Video is the case. Police pull building cameras and doorbell footage, match a face or clothing to a resident, and charge from the clip. We look at four things:
- Identification. A hooded figure at night is not an identification. We test whether the State can say who it is.
- Purpose. Taking a box to a neighbor’s door, or moving it so it would not be stolen, is not intent to keep it.
- Whose package. The State must show the package belonged to someone else and was delivered.
- How police got the video and your phone. If they searched your phone or apartment, we review the warrant and consider a motion to suppress.
What if I took a package that was delivered to me by mistake?
Opening a wrong-address package is not automatically a crime. Keeping property you know was delivered by mistake, without trying to return it, can be theft under N.J.S.A. 2C:20-6. Courts look at what you knew and what you did. Reading the label, telling the carrier, or leaving a note for the right person all show good faith. Opening it, selling the contents or lying when someone asks looks different. A prosecutor might argue that a misdelivered box is still a “delivered package” for the third-degree rule, and that is a point we would contest.
Can a first offender avoid a record in a package case?
Often. A third-degree package theft with no prior record is the kind of case that Hudson County considers for Pretrial Intervention. The program needs the prosecutor’s consent, usually requires restitution and runs up to 36 months of supervision, after which the charge is dismissed. A first offender facing a third-degree charge also starts with a presumption against a prison sentence. A municipal court disorderly persons case may qualify for conditional dismissal. Either way, a dismissal can later be sealed through expungement. A conviction for theft can also raise immigration consequences, so tell us your status before any plea.
Package Theft FAQs
Is the grade based on what was in the box?
Not for a carrier-delivered package to a residence. It is third degree unless the amount is $75,000 or more.
Is taking a package from a building lobby different from a porch?
For grading, usually not. A lobby adds a burglary question if the entry was unlawful.
Can I be charged if the video is blurry?
Yes, but the State must still prove identity beyond a reasonable doubt. Weak video is a defense issue, not a dismissal.
Do I have to go to Superior Court?
If the charge is third degree, yes. A lower-value non-carrier package may stay in municipal court.
If you have received a complaint or a police call about a package, do not discuss it without a lawyer. Call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us online.
