Fill and Sign the Courts Instructions to the Jury Federal Defenders Form

52.2 Theft Or Receipt Of Stolen Mail Matter 18 USC § 1708 (Third Paragraph) Title 18, United States Code, Section 1708, makes it a Federal crimeor offense for anyone to possess stolen mail matter with knowledge that it had been stolen.The Defendant can be found guilty of that offense only if all of thefollowing facts are proved beyond a reasonable doubt:First: That the [letter] [mail matter] described in the indictment was stolen from [the United States mails] [a post office or station thereof] [a letter box] [a mail receptacle] [a mail route] [an authorized depository for mail matter] [a letter or mail carrier];Second: That the Defendant thereafter had possession of such mail matter, as charged; andThird: That the Defendant possessed such mail matter willfully and with knowledge that it had been stolen.A private mail box or mail receptacle is an " authorized depository formail matter." Mail matter is "stolen" when it has been willfully taken from [the United States mails] [a post office or station thereof] [a letter box] [a mail receptacle] [a mail route] [an authorized depository for mail matter] [a letter or mail carrier] with intent to deprive the owner of its use and benefit, and to convert it to one's own use or to the use of someone else. Because the essence of the offense is willful possession of mail matter previously stolen, it is not necessary to prove the identity of the person or persons who may have stolen it. Also, it is not necessary to prove that the Defendant knew that the matter had been stolen from the mail, only that the Defendant knew it had been stolen. ANNOTATIONS AND COMMENTS 18 USC § 17 08 (third paragraph) provides: Whoever . . . unlawfully has in his possession, any letter . . . or mail, or any article or thing contained therein, which has been . . . stolen, taken, embezzled, or abstract ed [from or out of any mail, post off ice or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier], knowing the same to have been stolen, taken, embezzled or abstract ed [shall be guilty of an offense against the United States]. Maximum Penalty: Five (5) years imprisonment and applicable fine. Unit ed States v. Hall, 632 F.2d 500 (5th Ci r. 1980), the Government does not have to prove that the Defendant knew the mail matter had been stolen from the mail, only that it had been stolen.