Presumptions and defenses.

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  • (1) The presumptions and defenses regarding the theft of property in Section 76-6-402 apply 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 acquire or dispose of the mail as he did; or
    • (c) the mail belonged to the defendant's spouse, unless the parties were either legally separated or living in separate residences at the time of the alleged mail theft.




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