HOUSE BILL 707

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Avon W. Wilson

AN ACT

RELATING TO CRIMINAL LAW; ENACTING THE PROTECTION OF MAILS ACT; CREATING NEW CRIMINAL OFFENSES; PRESCRIBING CRIMINAL PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Protection of Mails Act".

     Section 2. DEFINITIONS.--As used in the Protection of Mails Act:

          A. "authorized depository" means a mailbox, post office box or rural box used by postal customers to deposit outgoing mail or used by the postal service to deliver incoming mail;

          B. "letter box" means any mail receptacle intended or used for the receipt or delivery of mail on a mail route;

          C. "mail" means any letter, card, parcel or other material that:

                (1) is sent or delivered by means of the postal service;

                (2) has postage affixed by the postal customer or postal service or has been accepted for delivery by the postal service; and

                (3) is placed in any authorized depository or mail receptacle or given to any postal service employee for delivery;

          D. "mail receptacle" means any place used by the postal service or postal customers to place outgoing mail or receive incoming mail;

          E. "postage" means a postal service stamp, permit imprint, meter strip or other authorized indication of prepayment for service provided or authorized by the postal service for collection and delivery of mail; and

          F. "postal service" means the United States postal service.

     Section 3. OBSTRUCTION OF MAILS--PENALTY.--

          A. Obstruction of mails consists of intentionally obstructing or delaying:

                (1) the passage of the mail; or

                (2) any carrier or conveyance carrying the mail.

          B. Whoever commits obstruction of mails is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

     Section 4. DESTRUCTION OF A LETTER BOX OR THE MAIL--PENALTY.--

          A. Destruction of a letter box or the mail consists of intentionally:

                (1) tearing down, taking, damaging or destroying a letter box;

                (2) breaking open a letter box; or

                (3) injuring, destroying or defacing mail deposited in a letter box.

          B. Whoever commits destruction of a letter box or the mail is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

     Section 5. MAIL THEFT OR RECEIPT OF STOLEN MAIL--PENALTY.--

          A. Mail theft or receipt of stolen mail consists of intentionally:

                (1) taking or obtaining, by fraud or deception, mail from a post office, postal station, letter box, mail receptacle, authorized depository or mail carrier;

                (2) taking, by fraud or deception, from mail any article contained in the mail;

                (3) secreting, embezzling or destroying mail or any article contained in the mail;

                (4) taking or obtaining, by fraud or deception, mail or any article contained in the mail that has been delivered to or left for collection on, or adjacent to, a mail receptacle or authorized depository; or

                (5) buying, receiving, concealing or possessing mail or any article contained in the mail knowing that the mail has been unlawfully taken or obtained.

          B. Whoever commits mail theft or receipt of stolen mail when the value of the mail or article contained in the mail is one hundred dollars ($100) or less is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. Whoever commits mail theft or receipt of stolen mail when the value of the mail or article contained in the mail is over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          D. Whoever commits mail theft or receipt of stolen mail when the value of the mail or article contained in the mail is over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          E. Whoever commits mail theft or receipt of stolen mail when the value of the mail or article contained in the mail is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          F. Whoever commits mail theft or receipt of stolen mail when the value of the mail or article contained in the mail is over twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

     Section 6. DEFENSES.--In any prosecution pursuant to the Protection of Mails Act, it is an affirmative defense that:

          A. the defendant was unaware that the property was that of another person;

          B. the defendant reasonably believed that he was entitled to the property involved or had a right to acquire or dispose of it as he did; or

          C. the property involved was that of the defendant's spouse, unless the parties were not living together as husband and wife and were living in separate abodes at the time of the alleged offense.

     Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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