76-6-1002. Damage to mail receptacle.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Terms defined in Sections 76-1-101.5 and 76-6-1001 apply to this section.

(2)An actor commits damage to a mail receptacle if the actor 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.

(a)A violation of Subsection

(2)is a:

(i)second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;

(ii)third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;

(iii)class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and

(iv)class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.

(b)If the act committed amounts to an offense subject to a greater penalty, Subsection (3)(a) does not prohibit prosecution and sentencing for the more serious offense.

(4)The following presumptions and defenses shall be applicable to this section:

(a)possession of property recently stolen, when no satisfactory explanation of such possession is made, is prima facie evidence that the actor in possession stole the property;

(b)it is no defense under this part that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this Subsection (4)(b) shall not include a security interest for the repayment of a debt or obligation; and

(c)it is a defense under this section that the actor:

(i)acted under an honest claim of right to the property or service involved;

(ii)acted in the honest belief that the actor had the right to obtain or exercise control over the property or service as the actor did; or

(iii)obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.

Amended by Chapter 111 , 2023 General Session