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H.B. 90 Enrolled
AN ACT RELATING TO THE CRIMINAL CODE; CREATING THE OFFENSES OF
DAMAGE TO A MAIL RECEPTACLE AND THEFT OF MAIL; AND PROVIDING
This act affects sections of Utah Code Annotated 1953 as follows:
76-6-1001, Utah Code Annotated 1953
76-6-1002, Utah Code Annotated 1953
76-6-1003, Utah Code Annotated 1953
76-6-1004, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-1001 is enacted to read:
As used in this part:
(1) "Key" means any instrument used by the postal service and postal customer, and which
is designed to operate the lock on a mail receptacle.
(2) "Mail" means any letter, card, parcel, or other material, along with its contents, that:
(a) has postage affixed by the postal customer or postal service;
(b) has been accepted for delivery by the postal service;
(c) the postal customer leaves for collection by the postal service; or
(d) the postal service delivers to the postal customer.
(3) "Mail receptacle" means a mail box, post office box, rural box, or any place intended
or used by postal customers or the postal service for the collection or delivery of mail.
(4) "Postage" means a postal service stamp, permit imprint, meter strip, or other indication
of either prepayment for postal service provided or authorization by the postal service for
collection and delivery of mail.
(5) "Postal service" means the United States Postal Service and any motor carrier engaged
in the business of collecting, transporting, and delivering mail.
Section 2. Section 76-6-1002 is enacted to read:
76-6-1002. Damage to mail receptacle -- Penalties -- Greater offenses.
(1) A person commits the crime of damage to a mail receptacle if the person knowingly
damages the condition of a mail receptacle, including:
(a) taking, concealing, damaging, or destroying a key; or
(b) breaking open, tearing down, taking, damaging, or destroying a mail receptacle.
(2) (a) In determining the degree of an offense committed under Subsection (1), the penalty
levels in Subsection 76-6-106(2)(c) apply.
(b) If the act committed amounts to an offense subject to a greater penalty, this subsection
does not prohibit prosecution and sentencing for the more serious offense.
Section 3. Section 76-6-1003 is enacted to read:
76-6-1003. Mail theft -- Penalties.
(1) A person commits the crime of mail theft if the person:
(a) knowingly, and with the intent to deprive another:
(i) takes, destroys, hides, or embezzles mail; or
(ii) obtains any mail by fraud or deception; or
(b) buys, receives, conceals, or possesses mail and knows or reasonably should have known
that the mail was unlawfully taken or obtained.
(2) Mail theft is a:
(a) felony of the second degree if the value of the mail is or exceeds $5,000;
(b) felony of the third degree if the value of the mail is or exceeds $1,000, but is less than
$5,000 in value;
(c) class A misdemeanor if the value of the mail is or exceeds $300, but is less than $1,000
in value; and
(d) class B misdemeanor if the value of the mail is less than $300 in value or the value
cannot be ascertained.
Section 4. Section 76-6-1004 is enacted to read:
76-6-1004. Presumptions and defenses.
(1) The presumptions and defenses regarding the theft of property in Section 76-6-402 apply
to this part, in addition to the provisions of this section.
(2) It is a defense to a charge of mail theft that:
(a) the defendant was unaware that the mail belonged to another person;
(b) the defendant reasonably believed he was entitled to the mail or had a right to acquire
or dispose of the mail as he did; or
(c) the mail belonged to the defendant's spouse, unless the parties were either legally
separated or living in separate residences at the time of the alleged mail theft.
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