Stricken language would be deleted from and underlined language would be added to present law. *ANS326* 03/18/2025 4:21:13 PM ANS326 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 513 3 4 By: Senators B. Johnson, Hill 5 By: Representative M. Shepherd 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE CRIMINAL OFFENSE OF MAIL THEFT; 9 TO CREATE THE CRIMINAL OFFENSE OF THEFT OR 10 UNAUTHORIZED REPRODUCTION OF A MAIL RECEPTACLE KEY OR 11 LOCK; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO CREATE THE CRIMINAL OFFENSE OF MAIL 16 THEFT; AND TO CREATE THE CRIMINAL 17 OFFENSE OF THEFT OR UNAUTHORIZED 18 REPRODUCTION OF A MAIL RECEPTACLE KEY OR 19 LOCK. 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code Title 5, Chapter 36, Subchapter 1, is amended 24 to add additional sections to read as follows: 25 5-36-127. Mail theft. 26 (a) As used in this section: 27 (1) "Mail" means a letter, postcard, parcel, envelope, package, 28 bag, or another sealed article addressed to another person, along with its 29 contents; 30 (2) "Mail depository" means a mail box, letter box, or mail 31 receptacle of a postal service, an office of a postal service, or a vehicle 32 of a postal service; and 33 (3) "Postal service" means the United States Postal Service or 34 its contractors or any commercial courier that delivers mail. 35 (b) A person commits mail theft if he or she knowingly: 36 SB513 2 03/18/2025 4:21:13 PM ANS326 (1) Takes or exercises unauthorized control over or makes an 1 unauthorized transfer of an interest in the mail of another person that is in 2 a mail depository or with a postal service for the purpose of depriving the 3 other person of the mail; 4 (2) Obtains the mail of another person by deception or by threat 5 with the purpose of depriving the other person of the mail; or 6 (3) Sells, receives, possesses, transfers, buys, or conceals 7 mail obtained unlawfully as prohibited by subdivision (b)(1) or subdivision 8 (b)(2) of this section, while knowing or having reason to know the mail was 9 obtained unlawfully. 10 (c) Mail theft is a: 11 (1) Class D felony for a first offense; or 12 (2) Class A felony for a second or subsequent offense. 13 (d) In addition to the penalties provided in subsection (c) of this 14 section, a person convicted of mail theft under this section shall be ordered 15 to make full restitution to the victim and any other person who has suffered 16 a financial loss as a result of the offense of mail theft. 17 (e) Mail theft may be prosecuted in any of the following counties: 18 (1) The county where the offense occurred; or 19 (2) The county of residence or place of business of the direct 20 or indirect victim. 21 22 5-36-128. Theft or unauthorized reproduction of a mail receptacle key 23 or lock. 24 (a) As used in this section: 25 (1) "Mail" means a letter, postcard, parcel, envelope, package, 26 bag, or another sealed article addressed to another person, along with its 27 contents; and 28 (2) "Postal service" means the United States Postal Service or 29 its contractors or any commercial courier that delivers mail. 30 (b) A person commits theft or unauthorized reproduction of a mail 31 receptacle key or lock if he or she: 32 (1) Commits theft of a key or lock adopted by a postal service 33 for a box or other authorized receptacle for the deposit or delivery of mail; 34 or 35 (2) Knowingly makes, forges, or counterfeits a key or possesses 36 SB513 3 03/18/2025 4:21:13 PM ANS326 a key or lock adopted by a postal service that delivers mail with the purpose 1 to unlawfully use, sell, or otherwise dispose of the key or lock or to cause 2 the key or lock to be unlawfully used, sold, or otherwise disposed. 3 (c) Theft or unauthorized reproduction of a mail receptacle key or 4 lock is a: 5 (1) Class D felony for a first offense; or 6 (2) Class A felony for a second or subsequent offense. 7 (d) In addition to the penalties provided in subsection (c) of this 8 section, a person convicted of theft or unauthorized reproduction of a mail 9 receptacle key or lock shall be ordered to make full restitution to the 10 victim and any other person who has suffered a financial loss as a result of 11 the offense. 12 (e) Theft or unauthorized reproduction of a mail receptacle key or 13 lock may be prosecuted in any of the following counties: 14 (1) The county where the offense occurred; or 15 (2) The county of residence or place of business of the direct 16 or indirect victim. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36