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Texas Penal Code - PENAL § 31.20. Mail Theft

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Disabled individual” and “elderly individual” have the meanings assigned by Section 22.04.

(2) “Identifying information” has the meaning assigned by Section 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:

(i) is in transit;  or

(ii) has been delivered but not yet received by the addressee;  or

(B) has been left to be collected for delivery by a common carrier or delivery service.

(4) “Negotiable instrument” has the meaning assigned by Section 3.104, Business & Commerce Code.

(b) A person commits an offense if the person intentionally appropriates mail without the effective consent of the addressee and with the intent to:

(1) deprive that addressee of the mail;  or

(2) steal a negotiable instrument.

(b-1) If an actor possesses mail from five or more addressees, there is a rebuttable presumption that actor appropriated the mail without the effective consent of the applicable addressee and with the intent to deprive the addressee of the mail.

(b-2) If an actor possesses mail containing a combined total of five or more negotiable instruments, there is a rebuttable presumption that the actor:

(1) appropriated the mail without the effective consent of the applicable addressee and with the intent to steal the negotiable instruments;  and

(2) committed the offense under this section with the intent to facilitate an offense under Chapter 32.

(b-3) The presumptions established under Subsections (b-1) and (b-2) do not apply to a business or other commercial entity or governmental agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.

(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 Subsection (b)(1) that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, the offense 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.

(d-1) If it is shown on the trial of an offense under Subsection (b)(2) that the appropriated mail contained a negotiable instrument and the actor committed the offense with the intent to facilitate an offense under Chapter 32, the offense is:

(1) a state jail felony if five or fewer negotiable instruments are appropriated;

(2) a felony of the third degree if more than 5 but fewer than 10 negotiable instruments are appropriated;

(3) a felony of the second degree if at least 10 but fewer than 50 negotiable instruments are appropriated;  or

(4) a felony of the first degree if 50 or more negotiable instruments are appropriated.

(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.

(e-1) An offense described for purposes of punishment by Subsection (d-1)(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 a negotiable instrument 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.

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Cite this article: FindLaw.com - Texas Penal Code - PENAL § 31.20. Mail Theft - last updated January 01, 2024 | https://codes.findlaw.com/tx/penal-code/penal-sect-31-20/

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