HF 463

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting theft of mail; 
  1.3             prescribing penalties; providing venue for identity 
  1.4             theft and theft of mail; amending Minnesota Statutes 
  1.5             2002, section 609.527, subdivision 3, by adding 
  1.6             subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 609.527, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 2a.  [THEFT OF MAIL.] (a) The definitions in this 
  1.11  paragraph apply to this subdivision: 
  1.12     (1) "mail" means a letter, postal card, package, bag, or 
  1.13  other article of mail addressed to another; and 
  1.14     (2) "mail depository" means a mail box, letter box, or mail 
  1.15  receptacle; a post office or station of a post office; a mail 
  1.16  route; or a postal service vehicle. 
  1.17     (b) It is unlawful: 
  1.18     (1) to steal mail from a mail depository or from a mail 
  1.19  carrier; 
  1.20     (2) to obtain, or attempt to obtain, mail from a mail 
  1.21  depository or a mail carrier by fraud or deception; 
  1.22     (3) to remove something contained in a piece of mail; 
  1.23     (4) to steal mail, or any article contained in a piece of 
  1.24  mail, that has been left for collection on or near a mail 
  1.25  depository; or 
  1.26     (5) to buy, receive, conceal, or unlawfully possess 
  2.1   anything taken as described in clauses (1) to (4) knowing or 
  2.2   having reason to know that it was so taken. 
  2.3      Sec. 2.  Minnesota Statutes 2002, section 609.527, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  2.6   may be sentenced as follows: 
  2.7      (1) if the offense involves a single direct victim and the 
  2.8   total, combined loss to the direct victim and any indirect 
  2.9   victims is $250 or less, the person may be sentenced as provided 
  2.10  in section 609.52, subdivision 3, clause (5); 
  2.11     (2) if the offense involves a single direct victim and the 
  2.12  total, combined loss to the direct victim and any indirect 
  2.13  victims is more than $250 but not more than $500, the person may 
  2.14  be sentenced as provided in section 609.52, subdivision 3, 
  2.15  clause (4); 
  2.16     (3) if the offense involves two or three direct victims or 
  2.17  the total, combined loss to the direct and indirect victims is 
  2.18  more than $500 but not more than $2,500, the person may be 
  2.19  sentenced as provided in section 609.52, subdivision 3, clause 
  2.20  (3); and 
  2.21     (4) if the offense involves four or more direct victims, or 
  2.22  if the total, combined loss to the direct and indirect victims 
  2.23  is more than $2,500, the person may be sentenced as provided in 
  2.24  section 609.52, subdivision 3, clause (2); and 
  2.25     (5) if the offense involves a violation of subdivision 2a 
  2.26  the person may be sentenced to imprisonment for not more than 
  2.27  three years and/or a $5,000 fine. 
  2.28     Sec. 3.  Minnesota Statutes 2002, section 609.527, is 
  2.29  amended by adding a subdivision to read: 
  2.30     Subd. 5.  [VENUE.] Any offense committed under subdivision 
  2.31  2 or 2a may be prosecuted in either of the following: 
  2.32     (1) the county where a person possessed or used the 
  2.33  identifying information of another without the other's consent; 
  2.34  or 
  2.35     (2) the county of residence or place of business of the 
  2.36  direct victim or indirect victim. 
  3.1      Sec. 4.  Minnesota Statutes 2002, section 609.527, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 6.  [AGGREGATION.] In any prosecution under 
  3.4   subdivision 2, the value of the money or property or services 
  3.5   the defendant receives or the number of direct or indirect 
  3.6   victims (in violation of any one or more of the provisions in 
  3.7   subdivision 5) within any six-month period may be aggregated and 
  3.8   the defendant charged accordingly in applying the provisions of 
  3.9   subdivision 3, provided that when two or more offenses are 
  3.10  committed by the same person in two or more counties, the 
  3.11  accused may be prosecuted in any county in which one of the 
  3.12  offenses was committed for all of the offenses aggregated under 
  3.13  this subdivision. 
  3.14     Sec. 5.  [EFFECTIVE DATE.] 
  3.15     Sections 1 to 4 are effective August 1, 2003, and apply to 
  3.16  crimes committed on or after that date.