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.
Section 76-6-1003 ("Mail theft -- Penalties.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-6-1003?
A common citation format is "Utah Code § 76-6-1003" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-6-1003 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
