BILL REQ. #: Z-0274.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/12/11. Referred to Committee on Judiciary.
AN ACT Relating to mail theft; amending RCW 9A.56.010; reenacting and amending RCW 9.94A.515; adding new sections to chapter 9A.56 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is important to the citizens of this
state to have confidence in the security of the mail. Mail contains
personal information, medical records, and financial documents. Theft
of mail has become a serious problem in our state because mail is a key
source of information for identity thieves. Currently, there is no law
that adequately addresses the seriousness of this crime. This act is
intended to accurately recognize the seriousness of taking personal,
medical, or financial identifying information and compromising the
integrity of our mail system.
Sec. 2 RCW 9A.56.010 and 2006 c 277 s 4 are each amended to read
as follows:
The following definitions are applicable in this chapter unless the
context otherwise requires:
(1) "Access device" means any card, plate, code, account number, or
other means of account access that can be used alone or in conjunction
with another access device to obtain money, goods, services, or
anything else of value, or that can be used to initiate a transfer of
funds, other than a transfer originated solely by paper instrument;
(2) "Appropriate lost or misdelivered property or services" means
obtaining or exerting control over the property or services of another
which the actor knows to have been lost or mislaid, or to have been
delivered under a mistake as to identity of the recipient or as to the
nature or amount of the property;
(3) "Beverage crate" means a plastic or metal box-like container
used by a manufacturer or distributor in the transportation or
distribution of individually packaged beverages to retail outlets, and
affixed with language stating "property of . . . . .," "owned by
. . . . .," or other markings or words identifying ownership;
(4) "By color or aid of deception" means that the deception
operated to bring about the obtaining of the property or services; it
is not necessary that deception be the sole means of obtaining the
property or services;
(5) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another's false impression which the actor
knows to be false; or
(b) Fails to correct another's impression which the actor
previously has created or confirmed; or
(c) Prevents another from acquiring information material to the
disposition of the property involved; or
(d) Transfers or encumbers property without disclosing a lien,
adverse claim, or other legal impediment to the enjoyment of the
property, whether that impediment is or is not valid, or is or is not
a matter of official record; or
(e) Promises performance which the actor does not intend to perform
or knows will not be performed;
(6) "Deprive" in addition to its common meaning means to make
unauthorized use or an unauthorized copy of records, information, data,
trade secrets, or computer programs;
(7) "Mail," in addition to its common meaning, means any letter,
postal card, package, magazine or commercial publication, bag, or other
item that is addressed to a specific address for delivery by the United
States postal service or any commercial carrier performing the function
of delivering similar items to residences or businesses, provided the
mail:
(a) Has been left for collection or delivery in any letter box,
mail box, mail receptacle, or other authorized depository for mail, or
given to a mail carrier, or left with any private business that
provides mail boxes or mail addresses for customers or when left in a
similar location for collection or delivery by any commercial carrier;
or
(b) Is in transit with a postal service, mail carrier, letter
carrier, commercial carrier, or that is at or in a postal vehicle,
postal station, mail box, postal airplane, transit station, or similar
location of a commercial carrier; or
(c) Has been delivered to the intended address, but has not been
received by the intended addressee;
(8) "Mail box," in addition to its common meaning, means any
authorized depository or receptacle of mail for the United States
postal service or authorized depository for a commercial carrier that
provides services to the general public, including any address to which
mail is or can be addressed, or a place where the United States postal
service or equivalent commercial carrier delivers mail to its
addressee;
(9) "Merchandise pallet" means a wood or plastic carrier designed
and manufactured as an item on which products can be placed before or
during transport to retail outlets, manufacturers, or contractors, and
affixed with language stating "property of . . .," "owned by . . .," or
other markings or words identifying ownership;
(((8))) (10) "Obtain control over" in addition to its common
meaning, means:
(a) In relation to property, to bring about a transfer or purported
transfer to the obtainer or another of a legally recognized interest in
the property; or
(b) In relation to labor or service, to secure performance thereof
for the benefits of the obtainer or another;
(((9))) (11) "Owner" means a person, other than the actor, who has
possession of or any other interest in the property or services
involved, and without whose consent the actor has no authority to exert
control over the property or services;
(((10))) (12) "Parking area" means a parking lot or other property
provided by retailers for use by a customer for parking an automobile
or other vehicle;
(((11))) (13) "Receive" includes, but is not limited to, acquiring
title, possession, control, or a security interest, or any other
interest in the property;
(((12))) (14) "Received by the intended addressee" means that the
addressee, owner of the delivery mail box, or authorized agent has
removed the delivered mail from its delivery mail box;
(15) "Services" includes, but is not limited to, labor,
professional services, transportation services, electronic computer
services, the supplying of hotel accommodations, restaurant services,
entertainment, the supplying of equipment for use, and the supplying of
commodities of a public utility nature such as gas, electricity, steam,
and water;
(((13))) (16) "Shopping cart" means a basket mounted on wheels or
similar container generally used in a retail establishment by a
customer for the purpose of transporting goods of any kind;
(((14))) (17) "Stolen" means obtained by theft, robbery, or
extortion;
(((15))) (18) "Subscription television service" means cable or
encrypted video and related audio and data services intended for
viewing on a home television by authorized members of the public only,
who have agreed to pay a fee for the service. Subscription services
include but are not limited to those video services presently delivered
by coaxial cable, fiber optic cable, terrestrial microwave, television
broadcast, and satellite transmission;
(((16))) (19) "Telecommunication device" means (a) any type of
instrument, device, machine, or equipment that is capable of
transmitting or receiving telephonic or electronic communications; or
(b) any part of such an instrument, device, machine, or equipment, or
any computer circuit, computer chip, electronic mechanism, or other
component, that is capable of facilitating the transmission or
reception of telephonic or electronic communications;
(((17))) (20) "Telecommunication service" includes any service
other than subscription television service provided for a charge or
compensation to facilitate the transmission, transfer, or reception of
a telephonic communication or an electronic communication;
(((18))) (21) Value. (a) "Value" means the market value of the
property or services at the time and in the approximate area of the
criminal act.
(b) Whether or not they have been issued or delivered, written
instruments, except those having a readily ascertained market value,
shall be evaluated as follows:
(i) The value of an instrument constituting an evidence of debt,
such as a check, draft, or promissory note, shall be deemed the amount
due or collectible thereon or thereby, that figure ordinarily being the
face amount of the indebtedness less any portion thereof which has been
satisfied;
(ii) The value of a ticket or equivalent instrument which evidences
a right to receive transportation, entertainment, or other service
shall be deemed the price stated thereon, if any; and if no price is
stated thereon, the value shall be deemed the price of such ticket or
equivalent instrument which the issuer charged the general public;
(iii) The value of any other instrument that creates, releases,
discharges, or otherwise affects any valuable legal right, privilege,
or obligation shall be deemed the greatest amount of economic loss
which the owner of the instrument might reasonably suffer by virtue of
the loss of the instrument.
(c) Except as provided in RCW 9A.56.340(4) and 9A.56.350(4),
whenever any series of transactions which constitute theft, would, when
considered separately, constitute theft in the third degree because of
value, and said series of transactions are a part of a criminal episode
or a common scheme or plan, then the transactions may be aggregated in
one count and the sum of the value of all said transactions shall be
the value considered in determining the degree of theft involved.
For purposes of this subsection, "criminal episode" means a series
of thefts committed by the same person from one or more mercantile
establishments on three or more occasions within a five-day period.
(d) Whenever any person is charged with possessing stolen property
and such person has unlawfully in his possession at the same time the
stolen property of more than one person, then the stolen property
possessed may be aggregated in one count and the sum of the value of
all said stolen property shall be the value considered in determining
the degree of theft involved. Thefts committed by the same person in
different counties that have been aggregated in one county may be
prosecuted in any county in which one of the thefts occurred.
(e) Property or services having value that cannot be ascertained
pursuant to the standards set forth above shall be deemed to be of a
value not exceeding two hundred and fifty dollars;
(((19))) (22) "Wrongfully obtains" or "exerts unauthorized control"
means:
(a) To take the property or services of another;
(b) Having any property or services in one's possession, custody or
control as bailee, factor, lessee, pledgee, renter, servant, attorney,
agent, employee, trustee, executor, administrator, guardian, or officer
of any person, estate, association, or corporation, or as a public
officer, or person authorized by agreement or competent authority to
take or hold such possession, custody, or control, to secrete,
withhold, or appropriate the same to his or her own use or to the use
of any person other than the true owner or person entitled thereto; or
(c) Having any property or services in one's possession, custody,
or control as partner, to secrete, withhold, or appropriate the same to
his or her use or to the use of any person other than the true owner or
person entitled thereto, where the use is unauthorized by the
partnership agreement.
NEW SECTION. Sec. 3 A new section is added to chapter 9A.56 RCW
to read as follows:
(1) A person is guilty of theft of mail if he or she commits theft
of mail.
(2) Each item of mail stolen constitutes a separate and distinct
crime and may be punished accordingly.
(3) Theft of mail is a class C felony.
NEW SECTION. Sec. 4 A new section is added to chapter 9A.56 RCW
to read as follows:
(1) A person is guilty of possession of stolen mail if he or she
possesses stolen mail.
(2) "Possesses stolen mail" means to knowingly receive, retain,
possess, conceal, or dispose of stolen mail knowing that it has been
stolen, and to withhold or appropriate to the use of any person other
than the true owner, or the person to whom the mail is addressed.
(3) The fact that the person who stole the mail has not been
convicted, apprehended, or identified is not a defense to the charge of
possessing stolen mail.
(4) Each item of stolen mail possessed constitutes a separate and
distinct crime and may be punished accordingly.
(5) Possession of stolen mail is a class C felony.
Sec. 5 RCW 9.94A.515 and 2010 c 289 s 11 and 2010 c 227 s 9 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| Criminal Mistreatment 1 (RCW 9A.42.020) | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| Possession of Stolen Mail (section 4 of this act) | ||
| Theft of Mail (section 3 of this act) | ||
| I | ||