Terms Used In Utah Code 76-6-1003

• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• 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. See Utah Code 76-6-1001 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Personal identifying information: means the same as that term is defined in Section 76-6-1101. See Utah Code 76-6-1001 Property: includes both real and personal property. See Utah Code 68-3-12.5

  (2)

  An actor commits mail theft if the actor: (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.

  (3)	A violation of Subsection (2) is: (a)  a third degree felony; (b)  a class A misdemeanor, if the mail has no monetary value and does not include the name of an individual; or (c)  a second degree felony, if the mail contains the personal identifying information of 10 or more individuals.

  (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 section 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: (i)  the actor acted under an honest claim of right to the property or service involved; (ii)  the actor 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; (iii)  the actor obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented; (iv)  the actor was unaware that the mail belonged to another person; (v)  the actor reasonably believed the actor was entitled to the mail or had a right to acquire or dispose of the mail as the actor did; or (vi)  the mail belonged to the actor’s spouse, unless the parties were either legally separated or living in separate residences at the time of the alleged mail theft.

  Amended by Chapter 111, 2023 General Session