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HOUSE AMENDED
A03330
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
527
Session of
2023
INTRODUCED BY FARRY, LANGERHOLC, LAUGHLIN AND MARTIN,
MARCH 15, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 12, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses,
providing for the offense of theft of mail.
AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN THEFT AND RELATED OFFENSES, FURTHER
PROVIDING FOR DEFINITIONS THE OFFENSE OF THEFT OF MAIL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3936. Theft of mail.
(a) Unlawful taking.--A person is guilty of the offense of
theft of mail if the person unlawfully takes, or exercises
unlawful control over, mail of another person with intent to
deprive the other person of mail.
(b) Unlawful transfer.--A person is guilty of the offense of
theft of mail if the person unlawfully transfers, or exercises
unlawful control over, mail of another person or an interest in
mail of the other person with intent to benefit the person or
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another person not entitled to the mail or interest in the mail.
(c) Grading.--
(1) Theft of mail constitutes a:
(i) Summary offense if the offense is a first
offense and the value of the mail is less than $150.
(ii) Misdemeanor of the second degree if the offense
is a second offense and the value of the mail is less
than $150.
(iii) Misdemeanor of the first degree if the offense
is a first or second offense and the value of the mail is
$150 or more.
(iv) Felony of the third degree if the offense is a
third or subsequent offense, regardless of the value of
the mail .
(v) Felony of the third degree if the amount
involved exceeds $1,000.
(2) Amounts involved in thefts of mail committed
pursuant to one scheme or course of conduct, whether from the
same home or establishment or several homes or
establishments, may be aggregated in determining the grade of
the offense.
(d) Calculation of prior offenses.--For the purposes of this
section, in determining whether an offense is a first, second,
third or subsequent offense, the court shall include a
conviction, acceptance of Accelerated Rehabilitative Disposition
or other form of preliminary disposition occurring before the
sentencing on the present violation for an offense under this
section, an offense substantially similar to an offense under
this section or under the prior laws of this Commonwealth or a
similar offense under the statutes of any other state or of the
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United States.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Mail." A letter, package, bag, mail or item of value sent
or delivered through a private or commercial interstate carrier,
including, but not limited to, the United States Postal Service,
FedEx Corporation and United Parcel Service.
Section 2. This act shall take effect in 60 days.
SECTION 1. THE DEFINITION OF "PROPERTY" IN SECTION 3901 OF
TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED
AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
§ 3901. DEFINITIONS.
SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
PROVISIONS OF THIS CHAPTER WHICH ARE APPLICABLE TO SPECIFIC
PROVISIONS OF THIS CHAPTER, THE FOLLOWING WORDS AND PHRASES WHEN
USED IN THIS CHAPTER SHALL HAVE, UNLESS THE CONTEXT CLEARLY
INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
* * *
"MAIL." A LETTER, PACKAGE, BAG, MAIL OR ITEM OF VALUE SENT
OR DELIVERED THROUGH A PRIVATE OR COMMERCIAL INTERSTATE CARRIER,
INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES POSTAL SERVICE,
FEDEX CORPORATION AND UNITED PARCEL SERVICE.
* * *
"PROPERTY." ANYTHING OF VALUE, INCLUDING REAL ESTATE,
TANGIBLE AND INTANGIBLE PERSONAL PROPERTY, CONTRACT RIGHTS,
CHOSES-IN-ACTION AND OTHER INTERESTS IN OR CLAIMS TO WEALTH,
ADMISSION OR TRANSPORTATION TICKETS, CAPTURED OR DOMESTIC
ANIMALS, FOOD AND DRINK, ELECTRIC OR OTHER POWER. THE TERM SHALL
INCLUDE MAIL.
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* * *
SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
§ 3936. THEFT OF MAIL.
(A) UNLAWFUL TAKING.--A PERSON IS GUILTY OF THE OFFENSE OF
THEFT OF MAIL IF THE PERSON UNLAWFULLY TAKES, OR EXERCISES
UNLAWFUL CONTROL OVER, MAIL OF ANOTHER PERSON WITH INTENT TO
DEPRIVE THE OTHER PERSON OF MAIL.
(B) UNLAWFUL TRANSFER.--A PERSON IS GUILTY OF THE OFFENSE OF
THEFT OF MAIL IF THE PERSON UNLAWFULLY TRANSFERS, OR EXERCISES
UNLAWFUL CONTROL OVER, MAIL OF ANOTHER PERSON OR AN INTEREST IN
MAIL OF THE OTHER PERSON WITH INTENT TO BENEFIT THE PERSON OR
ANOTHER PERSON NOT ENTITLED TO THE MAIL OR INTEREST IN THE MAIL.
(C) GRADING.--
(1) THEFT OF MAIL CONSTITUTES A:
(I) SUMMARY OFFENSE IF THE OFFENSE IS A FIRST
OFFENSE AND THE VALUE OF THE MAIL IS LESS THAN $200.
(II) MISDEMEANOR OF THE SECOND DEGREE IF THE OFFENSE
IS A SECOND OFFENSE AND THE VALUE OF THE MAIL IS LESS
THAN $200.
(III) MISDEMEANOR OF THE FIRST DEGREE IF THE OFFENSE
IS A FIRST OR SECOND OFFENSE AND THE VALUE OF THE MAIL IS
$200 OR MORE.
(IV) FELONY OF THE THIRD DEGREE IF THE OFFENSE IS A
THIRD OR SUBSEQUENT OFFENSE OR IF THE VALUE OF THE MAIL
EXCEEDS $2,000 .
(2) AMOUNTS INVOLVED IN THEFTS OF MAIL COMMITTED
PURSUANT TO ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE
SAME HOME OR ESTABLISHMENT OR SEVERAL HOMES OR
ESTABLISHMENTS, MAY BE AGGREGATED IN DETERMINING THE GRADE OF
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THE OFFENSE.
(D) CALCULATION OF PRIOR OFFENSES.--FOR THE PURPOSES OF THIS
SECTION, IN DETERMINING WHETHER AN OFFENSE IS A FIRST, SECOND,
THIRD OR SUBSEQUENT OFFENSE, THE COURT SHALL INCLUDE A
CONVICTION, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION
OR OTHER FORM OF PRELIMINARY DISPOSITION OCCURRING BEFORE THE
SENTENCING ON THE PRESENT VIOLATION FOR AN OFFENSE UNDER THIS
SECTION, AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
THIS SECTION OR UNDER THE PRIOR LAWS OF THIS COMMONWEALTH OR A
SIMILAR OFFENSE UNDER THE STATUTES OF ANY OTHER STATE OR OF THE
UNITED STATES.
(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"MAIL." A LETTER, PACKAGE, BAG, MAIL OR ITEM OF VALUE SENT
OR DELIVERED THROUGH A PRIVATE OR COMMERCIAL INTERSTATE CARRIER,
INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES POSTAL SERVICE,
FEDEX CORPORATION AND UNITED PARCEL SERVICE to another .
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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