BP BHEAD INT S

AN ACT Relating to crimes related to mail; adding a new chapter to Title 9A RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "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.

(2) "Letter box" means a receptacle intended or used for the receipt or delivery of mail on a mail route.

(3) "Mail" means a letter, card, parcel, or other material that:

(a) Is sent or delivered by means of the postal service;

(b) Has postage affixed by the postal customer or postal service; and

(4) "Mail receptacle" means a place used by the postal service or postal customers to place outgoing mail or receive incoming mail.

(5) "Postage" means a postal service stamp, permit imprint, meter strip, or other authorized indication of prepayment for service provided by the postal service for collection and delivery of mail.

(6) "Postal service" means the United States postal service.

NEW SECTION. Sec. 2. (1) A person commits the crime of obstruction of mails if the person knowingly obstructs or delays:

(a) The passage of the mail; or

(b) A carrier or conveyance carrying the mail.

(2) Obstruction of mails is a gross misdemeanor.

NEW SECTION. Sec. 3. (1) A person commits the crime of destruction of letter boxes or mail if the person knowingly:

(a) Tears down or destroys a letter box;

(b) Breaks open a letter box; or

(2) Destruction of letter boxes or mail is a class C felony.

NEW SECTION. Sec. 4. (1) A person commits the crime of mail theft or receipt of stolen mail if the person knowingly:

(a) Takes or, by fraud or deception, obtains mail from a mail receptacle, authorized depository, or mail carrier;

(b) Takes from mail an article contained in mail;

(d) Takes or, by fraud or deception, obtains mail or an article contained in mail that has been left for collection on or adjacent to an authorized depository or mail receptacle; or

(e) Buys, receives, conceals, or unlawfully possesses mail or an article contained in mail knowing that the mail or article has been taken, obtained, or embezzled as described in this subsection.

(2) When a person has in his or her possession or control two or more items of stolen mail addressed to two or more different addresses, he or she is presumed to know that the mail is stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen mail was without knowledge that the mail was stolen.

(3) Mail theft or receipt of stolen mail is a class C felony.

NEW SECTION. Sec. 5. In a prosecution under this chapter, it is a defense that the defendant acted under an honest claim of right in that:

(1) The defendant was unaware that the property was that of another person;

(2) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or

(3) 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.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 9A RCW.