SF 514

2nd Engrossment - 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, by adding subdivisions; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 609.527, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 5.  [VENUE.] Notwithstanding anything to the contrary 
  1.12  in section 627.01, an offense committed under subdivision 2 may 
  1.13  be prosecuted in: 
  1.14     (1) the county where the offense occurred; or 
  1.15     (2) the county of residence or place of business of the 
  1.16  direct victim or indirect victim. 
  1.17     [EFFECTIVE DATE.] This section is effective the day 
  1.18  following final enactment. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 609.527, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 6.  [AGGREGATION.] In any prosecution under 
  1.22  subdivision 2, the value of the money or property or services 
  1.23  the defendant receives or the number of direct or indirect 
  1.24  victims within any six-month period may be aggregated and the 
  1.25  defendant charged accordingly in applying the provisions of 
  1.26  subdivision 3; provided that when two or more offenses are 
  2.1   committed by the same person in two or more counties, the 
  2.2   accused may be prosecuted in any county in which one of the 
  2.3   offenses was committed for all of the offenses aggregated under 
  2.4   this subdivision. 
  2.5      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  2.6   and applies to crimes committed on or after that date. 
  2.7      Sec. 3.  [609.529] [MAIL THEFT.] 
  2.8      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  2.9   the following terms have the meanings given. 
  2.10     (b) "Mail" means a letter, postal card, package, bag, or 
  2.11  other sealed article addressed to another. 
  2.12     (c) "Mail depository" means a mail box, letter box, or mail 
  2.13  receptacle; a post office or station of a post office; a mail 
  2.14  route; or a postal service vehicle. 
  2.15     Subd. 2.  [CRIME.] Whoever does any of the following is 
  2.16  guilty of mail theft and may be sentenced as provided in 
  2.17  subdivision 3: 
  2.18     (1) intentionally and without claim of right removes mail 
  2.19  from a mail depository; 
  2.20     (2) intentionally and without claim of right takes mail 
  2.21  from a mail carrier; 
  2.22     (3) obtains custody of mail by intentionally deceiving a 
  2.23  mail carrier, or other person who rightfully possesses or 
  2.24  controls the mail, with a false representation which is known to 
  2.25  be false, made with intent to deceive and which does deceive a 
  2.26  mail carrier or other person who possesses or controls the mail; 
  2.27     (4) intentionally and without claim of right removes the 
  2.28  contents of mail addressed to another; 
  2.29     (5) intentionally and without claim of right takes mail, or 
  2.30  the contents of mail, that has been left for collection on or 
  2.31  near a mail depository; or 
  2.32     (6) receives, possesses, transfers, buys, or conceals mail 
  2.33  obtained by acts described in clauses (1) to (5), knowing or 
  2.34  having reason to know the mail was obtained illegally. 
  2.35     Subd. 3.  [PENALTY.] A violation of subdivision 2 is a 
  2.36  gross misdemeanor. 
  3.1      Subd. 4.  [VENUE.] Notwithstanding anything to the contrary 
  3.2   in section 627.01, an offense committed under subdivision 2 may 
  3.3   be prosecuted in: 
  3.4      (1) the county where the offense occurred; or 
  3.5      (2) the county of residence or place of business of the 
  3.6   direct victim or indirect victim. 
  3.7      Subd. 5.  [PROSECUTING AUTHORITY.] The county attorney is 
  3.8   responsible for prosecuting violations of this section. 
  3.9      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  3.10  and applies to crimes committed on or after that date.