Suspicious Powder Letters Reach Mass. Elections Division and Rep. Moulton’s Office. What the Hoax Laws Say, Even If the Powder Is Harmless

The envelope to the Elections Division was never opened. Moulton's held a powder officials say is not dangerous. Why a harmless powder can still be a five-year felony.

Suspicious mail arrived Friday, October 16, 2026, at the Massachusetts Elections Division and at the offices of several members of the state’s congressional delegation, part of a national investigation into letters sent to election and congressional offices weeks before the November 3 election. The envelope addressed to the Elections Division was intercepted before it reached the office and was never opened, Secretary of the Commonwealth William Galvin said. A parcel sent to Rep. Seth Moulton’s Salem office contained an unknown powdery substance, police said. State fire officials said they believe the substances in the letters are non-toxic, WCVB reported. No one has been charged.

Here is what was reported, and what federal and Massachusetts law says about mailing a substance meant to look dangerous, whether or not it is.

What happened

  • The Elections Division. Staff identified the envelope because of information the FBI and the U.S. Postal Inspection Service had sent ahead of time, Galvin said in a statement reported by WBUR. Galvin told 7News that it “matched the address and phone that was received by other states, and also there was other markings on the envelope that matched what we’ve been warned about.” WCVB reported it never made it into the division’s office, was not opened, and is now with federal authorities. Postal inspectors have the envelope, WBUR reported.
  • Rep. Seth Moulton. Salem police said a parcel addressed to Moulton at his Front Street office “contained an unknown powdery substance” and “was secured and safely removed from the building,” WCVB reported. Moulton’s office said it had the same New York City return address used on letters sent to other officials, according to WCVB, and told 7News the substance was tested and is not dangerous. The State Crime Lab is analyzing it, WCVB reported.
  • Other offices. WCVB reported that mail arrived at the offices of at least five members of Congress from Massachusetts, including Reps. Lori Trahan, Katherine Clark and Jake Auchincloss. Boston 25 reported at least six elected officials in the state received suspicious letters.
  • Nationally. The FBI, the Postal Inspection Service and U.S. Capitol Police first disclosed the investigation Thursday in a notice to Senate offices, WCVB reported. An FBI spokesperson said some of the letters sent nationwide contained “an unknown substance.” The FBI said it is working to identify “the individual or individuals responsible.”

“It’s not going to disrupt the election,” Galvin said, according to WCVB. Galvin told 7News he believes the purpose is “to provide anxiety around the election.” In-person early voting begins Saturday, October 17.

Is a fake powder letter a crime if the powder is harmless?

Yes, under both federal and state law, if the sender intended it to frighten people or to be taken as real. Neither law requires that the substance actually be dangerous.

Federal law: 18 U.S.C. § 1038

The federal hoax statute, which we read on Cornell’s Legal Information Institute, applies to “whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed” and where the information indicates a violation of listed federal crimes, including the chapters on biological and chemical weapons.

  • Penalty: up to 5 years in prison; up to 20 years “if serious bodily injury results”; and up to life “if death results.” § 1038(a)(1).
  • Cost of the response: a person who does it is “liable in a civil action to any party incurring expenses incident to any emergency or investigative response.” § 1038(b). On conviction, the court “shall order the defendant to reimburse” state and local governments and nonprofit fire and rescue services for their response costs. § 1038(c).

Massachusetts law: G.L. c. 266, § 102(b)

State law, which we read at malegislature.gov, makes it a crime when a person, without lawful authority, “has in his possession or uses or places, or causes another to knowingly or unknowingly possess, use or place” any hoax chemical or biological weapon or hoax “destructive or incendiary device or substance,” “with the intent that such hoax … be used to cause anxiety, unrest, fear or personal discomfort to any person or group of persons.”

  • What counts as a hoax. Under the definitions in G.L. c. 266, § 101, it is “any device, article or substance that would cause a person to reasonably believe” it is an explosive, an incendiary, or “a chemical, biological or nuclear weapon, harmful radioactive substance or poison capable of causing bodily injury which is actually an inoperable facsimile.”
  • “Causes another … unknowingly.” The statute reaches not only a person who places a hoax but one who causes another, even unknowingly, to possess or place it.
  • Penalty: up to 2½ years in the house of correction or up to 5 years in state prison, a fine of up to $10,000, or both.

Which law, if either, is ever charged depends on who sent the letters, where they were mailed from, what the letters said and what the substance turns out to be. None of that has been made public. The FBI, the Postal Inspection Service and Capitol Police are leading the investigation.

What it means for voters

Nothing about the mailings changes how or when you vote. Early voting runs October 17 through 30, and Election Day is November 3. Galvin said the Elections Division’s work was uninterrupted. Our early voting guide covers the hours rules and what to do if you asked for a mail ballot.

Frequently asked questions

What was sent to the Massachusetts Elections Division?

An envelope that matched descriptions federal investigators had circulated arrived late Friday morning, October 16, 2026. Staff identified it before it reached the office, and it was not opened. Federal authorities have it.

Was the powder dangerous?

The Massachusetts Department of Fire Services said it believes the substances in the letters are non-toxic, WCVB reported, and Rep. Seth Moulton’s office said the substance in his parcel was tested and is not dangerous. The State Crime Lab is analyzing the powder from Moulton’s office.

Is it illegal to mail fake anthrax or a harmless powder?

Yes, if it is meant to be taken as real or to cause fear. Federal law, 18 U.S.C. section 1038, punishes hoaxes involving biological or chemical weapons by up to 5 years in prison, and Massachusetts law, G.L. c. 266, section 102(b), punishes hoax substances intended to cause “anxiety, unrest, fear or personal discomfort” by up to 5 years in state prison.

Will the letters affect the election?

Secretary Galvin said they will not. “It’s not going to disrupt the election,” he said, according to WCVB. Early voting begins October 17.

Sources: WBUR, WCVB, 7News WHDH and Boston 25 News, October 16, 2026. 18 U.S.C. section 1038, read on Cornell’s Legal Information Institute. G.L. c. 266, sections 101 and 102, read at malegislature.gov. No one has been charged, and any person later accused is presumed innocent. General information, not legal advice.

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