HB 2448 Text

H. B.2448

(By Delegates Staton, Amores, Campbell,
Mahan and G. White)

[Introduced February 15, 2005; Referred to the committee on the Judiciary.]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-58, all relating to criminal offenses involving the theft of mail matter.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-3-58, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-58. Criminal offenses involving the theft of mail matter.

(a) As used in this section:

(1) "Deprive" means (i) to withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation; or (ii) to dispose of the property so as to make it unlikely that the owner will recover it.
(2) "Mail matter" includes, but is not limited to, any letter, postal card, package, bag, or other item.
(b) A person is guilty of theft of mail matter when with intent to deprive the owner thereof he or she:
(1) steals;
(2) by fraud or deception obtains;
(3) embezzles;
(4) conceals;
(5) damages; or
(6) destroys
any mail matter of another from any letterbox, mail receptacle, or other authorized depository for mail matter, or from a letter carrier, postal vehicle, or private mail box or which has been left for collection or delivery adjacent thereto by the United States
Postal Service.
(b) A person is guilty of possession of stolen mail matter when he or she knowingly or having reason to believe that it has been the subject of theft in violation of subsection (b):
(1) Possesses;
(2) Buys;
(3) Receives;
(4) Conceals;
(5) Deals in; or
(6) Sells;
any mail matter.
(d) Any person convicted for violating the provisions of subsections (b) or (c) of this section is guilty of a felony, and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year nor more than five years and fined not more than two thousand five hundred dollars.

Note: This bill creates a new felony offenses for the theft of mail matter and the possession of stolen mail matter. The penalty upon conviction is imprisonment for a period of not less than one year nor more than five years and a fine of not more than $2,500.

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