Sec. 31.20. MAIL THEFT. (a) In this section:
(1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04.
(2) "Identifying information" has the meaning assigned by Section 32.51.
(3) "Mail" means a letter, postal card, package, bag, or other sealed article that:
(A) is delivered by a common carrier or delivery service and not yet received by the addressee; or
(B) has been left to be collected for delivery by a common carrier or delivery service.
(b) A person commits an offense if the person intentionally appropriates mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class A misdemeanor if the mail is appropriated from fewer than 10 addressees;
(2) a state jail felony if the mail is appropriated from at least 10 but fewer than 30 addressees; or
(3) a felony of the third degree if the mail is appropriated from 30 or more addressees.
(d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, an offense under this section is:
(1) a state jail felony if the mail is appropriated from fewer than 10 addressees;
(2) a felony of the third degree if the mail is appropriated from at least 10 but fewer than 20 addressees;
(3) a felony of the second degree if the mail is appropriated from at least 20 but fewer than 50 addressees; or
(4) a felony of the first degree if the mail is appropriated from 50 or more addressees.
(e) An offense described for purposes of punishment by Subsection (d)(1), (2), or (3) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor knew or had reason to believe that an addressee from whom the actor appropriated mail was a disabled individual or an elderly individual.
(f) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 706 (H.B. 37), Sec. 1, eff. September 1, 2019.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.