16-8-24. Theft by possession of stolen mail.

As used in this Code section, the term:#

1. (1)

   “Mail” means a letter, post card, package, bag, or other sealed article that:#

   1. (A)

      Is delivered by the United States Postal Service, a common carrier, or a delivery service and has not yet been received by the person to whom it is addressed; or#

   2. (B)

      Has been left in a location to be collected for delivery by the United States Postal Service, a common carrier, or a delivery service.#

2. (2)

   “Possesses stolen mail” means to knowingly receive, retain, possess, conceal, or dispose of stolen mail knowing that it has been stolen and to withhold such stolen mail from the true owner or person to whom the mail is addressed or to appropriate such stolen mail to the use of any person other than the true owner or the person to whom the mail is addressed.#

A person shall be guilty of the crime of theft by possession of stolen mail if he or she:#

1. (1)

   Possesses stolen mail addressed to three or more different mailboxes or addresses; and#

2. (2)

   Possesses a minimum of ten separate pieces of stolen mail.#

A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.#

Each set of ten separate pieces of stolen mail addressed to three or more different mailboxes or addresses constitutes a separate and distinct crime and may be punished accordingly.#

The fact that the person who stole the mail has not been convicted, apprehended, or identified shall not be a defense to the charge of theft by possession of stolen mail.#