76-6-1004 - Presumptions and defenses.
76-6-1004. Presumptions and defenses.
(1) The presumptions and defenses regarding the theft of property in Section 76-6-402apply to this part, in addition to the provisions of this section.
(2) It is a defense to a charge of mail theft that:
(a) the defendant was unaware that the mail belonged to another person;
(b) the defendant reasonably believed he was entitled to the mail or had a right to acquireor dispose of the mail as he did; or
(c) the mail belonged to the defendant's spouse, unless the parties were either legallyseparated or living in separate residences at the time of the alleged mail theft.
Enacted by Chapter 87, 1998 General Session