Texas Penal Code 31.20 – Mail Theft
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(a) In this section:
(1) “Disabled individual” and “elderly individual” have the meanings assigned by § 22.04.
(2) “Identifying information” has the meaning assigned by § 32.51.
(3) “Mail” means a letter, postal card, package, bag, or other sealed article that:
(A) is delivered by a common carrier or delivery service and not yet received by the addressee; or
(B) has been left to be collected for delivery by a common carrier or delivery service.
(b) A person commits an offense if the person intentionally appropriates mail from another person’s mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Penal Code 31.20
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees;
(2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or
(3) a felony of the third degree if the mail is appropriated from 30 or more addressees.
(d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under § 32.51, an offense under this section is:
(1) a state jail felony if the mail is appropriated from fewer than 10 addressees;
(2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees;
(3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or
(4) a felony of the first degree if the mail is appropriated from 50 or more addressees.
(e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual.
(f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.