Mail Box Damage and Mail Theft

Utah Code tit. 76, ch. 76-6, pt. 76-6-P10

in effect

Utah Code § 76-6-1001 Definitions.

76-6-1001. Definitions. As used in this part: (1) "Common mail carrier" means a person engaged in or transacting the business of collecting, transporting, or delivering mail, other than the United States Postal Service. (2) "Key" means any instrument used by the postal service and postal customer, and which is designed to operate the lock on a mail receptacle. (3) "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. (4) "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. (5) "Personal identifying information" means the same as that term is defined in Section 76-6-1101. (6) "Postage" means a postal service stamp, permit imprint, meter strip, or other indication of either prepayment for postal service provided or authorization by the postal service for collection and delivery of mail. (7) "Postal service" means the United States Postal Service or a private common mail carrier. Amended by Chapter 111, 2023 General Session

Utah Code § 76-6-1002 Damage to mail receptacle.

76-6-1002. Damage to mail receptacle. (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. (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

Utah Code § 76-6-1003 Mail theft.

76-6-1003. Mail theft. (1) Terms defined in Sections 76-1-101.5 and 76-6-1001 apply to this section. (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

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter6/76-6-P10.html?v=C76-6-P10_1800010118000101Fetched: 10/26/2026