Chapter 920 Oregon Laws 1999

Session Law

AN ACT

HB 2275

Relating to mail; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in this section and section 2 of this 1999 Act:

(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) "Mail" means any 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 or has been accepted for delivery by the Postal Service; and

(c) Is placed in any authorized depository or mail receptacle or given to any Postal Service employee for delivery.

(3) "Mail receptacle" means any location used by the Postal Service or postal customers to place outgoing mail or receive incoming mail.

(4) "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.

(5) "Postal Service" means the United States Postal Service.

SECTION 2. (1) A person commits the crime of mail theft or receipt of stolen mail if the person intentionally:

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

(b) Takes from mail any article contained therein;

(c) Secretes, embezzles or destroys mail or any article contained therein;

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

(e) Buys, receives, conceals or possesses mail or any article contained therein knowing that the mail or article has been unlawfully taken or obtained.

(2) Mail theft or receipt of stolen mail is a Class A misdemeanor.

SECTION 3. (1) In a prosecution under section 2 of this 1999 Act, it is a defense that the defendant acted under an honest claim of right in that:

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

(b) 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

(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.

(2)(a) Section 2 of this 1999 Act does not apply to employees charged with the operation of facilities listed in paragraph (b) of this subsection when the employees are carrying out their official duties to protect the safety and security of the facilities.

(b) The facilities to which paragraph (a) of this subsection applies are juvenile detention facilities and local correctional facilities as defined in ORS 169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005.

SECTION 4. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor August 2, 1999

Filed in the office of Secretary of State August 2, 1999

Effective date August 2, 1999

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