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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33513
Experience:  16 yrs. of experience including criminal law.
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I put a dead fish in someone's mailbox can o get in trouble?

Customer Question

I put a dead fish in someone's mailbox can o get in trouble?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you get in trouble?

Depends on the state...can you tell me, what state is this in and why would you do that?

Customer: replied 9 months ago.
California and it was a joke but they took it the wrong way
Expert:  P. Simmons replied 9 months ago.

Thanks
It is a violation of federal law to "tamper" with a mailbox...and tampering would including placing something other than mail (like a fish). So, in theory, the US Attorney could prosecute this.

It seems a bit "low level"...frankly I would be surprised to hear the US attorney took the case...but they certainly could (they have discretion so they get to decide if they bring charges or not)

That said, CA law for criminal harassment makes it a crime for

Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, of his or her immediate family

So this could, potentially, be charged as criminal harassment.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil