COMMITTEE SUBSTITUTE
FOR
H. B. 2448
(By Delegates Staton, Amores, Campbell,
Mahan and G. White)
(Originating in the Committee on the Judiciary)
[January 20, 2006]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-59, 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 §61-3-59, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-59. 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; (ii) steals, takes, or
abstracts, or by fraud or deception obtains, or attempts to obtain,
any information from or out of any mail, post office, or station
thereof, letter box, mail receptacle, or authorized depository for mail matter; or (iii) 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) fraudulently or deceptively 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.
(c) 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.
(e) A person is not in violation of this section if (1) the
subject mail matter is misaddressed, such that it is delivered to
the address on the mail matter but to a person other than the
specified recipient, or (2)the mail matter is misdelivered, such
that the United States Postal Service accidentally delivers the
subject mail matter to an address other than the one specified on
the mail matter.
(f) A violation of law may be prosecuted under this section
notwithstanding any other provision of this code.