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Utah statute

Utah Code Ann. § 76-6-1002 — Damage to mail receptacle.

Current through 2026 General Session

Part of Part 10: Mail Box Damage and Mail Theft, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-6-1002

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-6-1002Primary source, current through the 2026 General Session
(1) Terms defined in Sections 76-1-101.5 and 76-6-1001 apply to this section. (2) An actor commits damage to a mail receptacle if the actor knowingly damages the condition of a mail receptacle, including: (2)(a) taking, concealing, damaging, or destroying a key; or (2)(b) breaking open, tearing down, taking, damaging, or destroying a mail receptacle. (3)(a) A violation of Subsection (2) is a: (3)(a)(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value; (3)(a)(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value; (3)(a)(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and (3)(a)(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value. (3)(b) If the act committed amounts to an offense subject to a greater penalty, Subsection (3)(a) does not prohibit prosecution and sentencing for the more serious offense. (4) The following presumptions and defenses shall be applicable to this section: (4)(a) possession of property recently stolen, when no satisfactory explanation of such possession is made, is prima facie evidence that the actor in possession stole the property; (4)(b) it is no defense under this part that the actor has an interest in the property or service stolen if another person also has an interest that the actor is not entitled to infringe, provided an interest in property for purposes of this Subsection (4)(b) shall not include a security interest for the repayment of a debt or obligation; and (4)(c) it is a defense under this section that the actor: (4)(c)(i) acted under an honest claim of right to the property or service involved; (4)(c)(ii) acted in the honest belief that the actor had the right to obtain or exercise control over the property or service as the actor did; or (4)(c)(iii) obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.

Official sources

Legal terms used in this section

Questions this section answers

Is damage to mail receptacle a felony or a misdemeanor in Utah?

It depends on the circumstances: damage to mail receptacle ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-6-1002.

Damage to mail receptacle - pecuniary loss $5,000 or more: Second Degree Felony (Utah Code Ann. § 76-6-1002(3)(a)(i)) · Damage to mail receptacle - pecuniary loss $1,500 to $5,000: Third Degree Felony (Utah Code Ann. § 76-6-1002(3)(a)(ii)) · Damage to mail receptacle - pecuniary loss $500 to $1,500: Class A Misdemeanor (Utah Code Ann. § 76-6-1002(3)(a)(iii)) · Damage to mail receptacle - pecuniary loss under $500: Class B Misdemeanor (Utah Code Ann. § 76-6-1002(3)(a)(iv))

Which Utah statute covers damage to mail receptacle?

Damage to mail receptacle is governed by Utah Code Ann. § 76-6-1002 (Damage to mail receptacle).

This reference is informational and is not legal advice.