Stricken language would be deleted from and underlined language would be added to present law. Act 759 of the Regular Session *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 APPROVED: 4/17/25 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36