Alabama § 13A-8-5.1 - Mail Theft.

§ 13A-8-5.1. Mail Theft.

(a) As used in this section, the following terms have the following meanings:

(1) MAIL. A letter, postcard, package, bag, or other sealed article to which either of the following apply:

a. Is delivered by the United States Postal Service, a common carrier, or a delivery service and has not yet been received by the person to whom it is addressed.

b. Has been left in a location for delivery by the United States Postal Service, a common carrier, or a delivery service.

(2) SENSITIVE PERSONALLY IDENTIFYING INFORMATION. The term as defined under Section 8-38-2.

(b) A person commits the crime of mail theft if both of the following occur:

(1) The person takes mail addressed to another person from the addressee’s mailbox or other premises.

(2) The person acts without the effective consent of the addressee and with the intent to deprive the addressee of the mail.

(c)(1) Except as otherwise provided in this subsection, mail theft is a Class A misdemeanor.

(2) Mail theft is a Class D felony if mail is unlawfully taken from 10-29 addresses.

(3) Mail theft is a Class C felony if mail is unlawfully taken from 30 or more addresses.

(d) If it is established that a person committed mail theft under subsection (b) with the intent to obtain the sensitive personally identifying information to defraud the addressee, the person shall be punished as follows:

(1) If mail is unlawfully taken from less than 10 addresses, the person shall be guilty of a Class C felony.

(2) If mail is unlawfully taken from 10 or more addresses, the person shall be guilty of a Class B felony.

(e)(1) A person commits the crime of receiving stolen mail if the person intentionally receives, retains, or disposes of stolen mail knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the mail is received, retained, or disposed of with intent to restore it to the owner.

(2) A person shall be deemed to have acted with the requisite intent, knowledge, and belief to commit the crime of receiving stolen mail if any of the following occur:

a. On two separate occasions within a year prior to the commission of the instant offense of receiving stolen mail, the person is found in possession or control of stolen mail or other stolen property.

b. The person possesses stolen mail that has recently been stolen.

c. The person regularly buys, sells, uses, or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property had a legal right to do so.

(3) For purposes of this subsection, the fact that the person who stole the mail has not been convicted, apprehended, or identified is not a defense to a charge of receiving stolen mail.

(4)a. Receiving stolen mail is a Class A misdemeanor.

b. Receiving stolen mail with sensitive personally identifying information with intent to defraud the addressee is a Class C felony.