First Substitute H.B. 90

Representative Brent H. Goodfellow proposes to substitute the following bill:

1 MAIL BOX DAMAGE AND MAIL THEFT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brent H. Goodfellow
5 AN ACT RELATING TO THE CRIMINAL CODE; CREATING THE OFFENSES OF
6 DAMAGE TO A MAIL RECEPTACLE AND THEFT OF MAIL; AND PROVIDING
7 PENALTIES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 76-6-1001, Utah Code Annotated 1953
11 76-6-1002, Utah Code Annotated 1953
12 76-6-1003, Utah Code Annotated 1953
13 76-6-1004, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-6-1001 is enacted to read:
16 Part 10. Mail Box Damage and Mail Theft
17 76-6-1001. Definitions.
18 As used in this part:
19 (1) "Key" means any instrument used by the postal service and postal customer, and which
20 is designed to operate the lock on a mail receptacle.
21 (2) "Mail" means any letter, card, parcel, or other material, along with its contents, that:
22 (a) has postage affixed by the postal customer or postal service;
23 (b) has been accepted for delivery by the postal service;
24 (c) the postal customer leaves for collection by the postal service; or
25 (d) the postal service delivers to the postal customer.

1 (3) "Mail receptacle" means a mail box, post office box, rural box, or any place intended
2 or used by postal customers or the postal service for the collection or delivery of mail.
3 (4) "Postage" means a postal service stamp, permit imprint, meter strip, or other indication
4 of either prepayment for postal service provided or authorization by the postal service for
5 collection and delivery of mail.
6 (5) "Postal service" means the United States Postal Service and any motor carrier engaged
7 in the business of collecting, transporting, and delivering mail.
8 Section 2. Section 76-6-1002 is enacted to read:
9 76-6-1002. Damage to mail receptacle -- Penalties.
10 (1) A person commits the crime of damage to a mail receptacle if the person knowingly
11 damages the condition of a mail receptacle, including:
12 (a) taking, concealing, damaging, or destroying a key; or
13 (b) breaking open, tearing down, taking, damaging, or destroying a mail receptacle.
14 (2) (a) In determining the degree of an offense committed under Subsection (1), the
15 penalty levels in Subsection 76-6-106(2)(c) apply.
16 (b) If the act committed amounts to an offense subject to a greater penalty, this subsection
17 does not prohibit prosecution and sentencing for the more serious offense.
18 Section 3. Section 76-6-1003 is enacted to read:
19 76-6-1003. Mail theft -- Penalties.
20 (1) A person commits the crime of mail theft if the person:
21 (a) knowingly, and with the intent to deprive another:
22 (i) takes, destroys, hides, or embezzles mail; or
23 (ii) obtains any mail by fraud or deception; or
24 (b) buys, receives, conceals, or possesses mail and knows or reasonably should have
25 known that the mail was unlawfully taken or obtained.
26 (2) Mail theft is a:
27 (a) felony of the second degree if the value of the mail is or exceeds $5,000;
28 (b) felony of the third degree if the value of the mail is or exceeds $1,000, but is less than
29 $5,000 in value;
30 (c) class A misdemeanor if the value of the mail is or exceeds $300, but is less than $1,000
31 in value; and

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1 (d) class B misdemeanor if the value of the mail is less than $300 in value or the value
2 cannot be ascertained.
3 Section 4. Section 76-6-1004 is enacted to read:
4 76-6-1004. Presumptions and defenses.
5 (1) The presumptions and defenses regarding the theft of property in Section 76-6-402
6 apply to this part, in addition to the provisions of this section.
7 (2) It is a defense to a charge of mail theft that:
8 (a) the defendant was unaware that the mail belonged to another person;
9 (b) the defendant reasonably believed he was entitled to the mail or had a right to acquire
10 or dispose of the mail as he did; or
11 (c) the mail belonged to the defendant's spouse, unless the parties were either legally
12 separated or living in separate residences at the time of the alleged mail theft.

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