Stealing a package in Massachusetts is charged as larceny, and whether it counts as a felony depends almost entirely on the value of what was inside. If the contents were worth more than $1,200, the case is a felony. If they were worth $1,200 or less, it is a misdemeanor. Massachusetts does not have a special “porch piracy” law the way some states do. Package theft is prosecuted under the same larceny rules that apply to any other theft, which means the value of the goods and proof of who took them decide how serious the case becomes.
How Massachusetts Charges Porch Piracy
There is no separate crime called “porch piracy” in Massachusetts. Taking a delivered package off someone’s steps is treated as ordinary larceny: the unlawful taking and carrying away of another person’s property with the intent to keep it.
People sometimes assume that grabbing a package from a porch counts as breaking into a home or stealing from a building, which would be a more serious charge. It usually does not. Massachusetts does have a separate, harsher charge for stealing inside a building, but that offense requires the property to have been kept safe inside an enclosed structure. A box sitting on an open porch generally does not meet that test. That distinction matters, and it is one of the first things a defense attorney looks at when reviewing a package theft case.
Misdemeanor or Felony? The $1,200 Line
The dividing line is the value of the stolen property.
If the package contents were worth more than $1,200, the charge is a felony. A conviction can carry up to five years in state prison, or up to two years in jail plus a fine of up to $25,000.
If the contents were worth $1,200 or less, the charge is a misdemeanor, punishable by up to one year in jail or a fine of up to $1,500.
Value is measured by what the property was actually worth at the time it was taken, not what the buyer paid or what the box looked like it might hold. That opens real room to challenge a felony charge. If the prosecution cannot prove the contents were worth more than $1,200 with receipts, records, or reliable testimony, the case may drop to a misdemeanor.
One important exception: if the package contained a firearm, stealing it is a felony regardless of its value.
What the Prosecution Must Prove
To convict anyone of larceny, the Commonwealth has to prove intent to permanently deprive the owner of the property. This is not a technicality. Mistakes happen constantly with deliveries. Packages land on the wrong porch, get picked up by the wrong neighbor, or are grabbed by someone who honestly believed the delivery was theirs. If you took a package you reasonably thought belonged to you, the intent element is not satisfied, and that can defeat the charge.
Camera Footage and Bait Packages — Is It Automatically Evidence?
Doorbell and security camera footage drives most package theft cases now, but that footage is not automatically admissible in court. Before a jury sees it, someone has to authenticate it: establish that it accurately shows what happened, confirm the date and time, and account for how it was stored and handed over. Identity is often the weakest link. Grainy, dark, or partially obscured footage may show a theft without reliably showing who did it.
Bait or decoy packages raise their own questions. When a retailer or a neighbor sets one out, that is generally fair game. When police run a sting operation, the defense can sometimes raise entrapment if officers induced someone who was not already inclined to commit the crime. Whether that argument works depends heavily on the specific facts.
What to Do If You're Charged
If you are facing a package theft charge, do not explain yourself to the police or a store investigator. Statements intended to clear things up often become some of the strongest evidence the prosecution uses. Preserve anything that supports your side of the story, such as delivery confirmations, text messages, or proof the package belonged to you. Then contact an experienced Boston criminal defense attorney before taking any further action.
If you have been charged with stealing a package anywhere in Eastern Massachusetts, the Law Office of Matthew W. Peterson offers free consultations for criminal charges. Call or text 617-295-7500, or send us a message below. We will carefully evaluate the value of the alleged property, the issue of intent, and the evidence against you, and provide an honest assessment of where your case stands.
