Terms Used In Utah Code 76-6-1002

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Key: means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. See Utah Code 76-6-1001
• 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 Mail receptacle: means a mail box, post office box, rural box, or any place or area intended or used by postal customers or a postal service for the collection or delivery of mail. 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. Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5 Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5 Property: includes both real and personal property. See Utah Code 68-3-12.5

  (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.

  (3)

  (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