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Return to “Felony to Steal an Aluminum Can — or a Penny — in Texas”
- Fri Oct 07, 2011 8:23 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Felony to Steal an Aluminum Can — or a Penny — in Texas
- Replies: 27
- Views: 6259
Re: Felony to Steal an Aluminum Can — or a Penny — in Texas
This is one of those laws that can come back years later to bite innocent people when a zealous prosecutor uses it for purposes not intended.
- Fri Oct 07, 2011 6:35 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Felony to Steal an Aluminum Can — or a Penny — in Texas
- Replies: 27
- Views: 6259
Felony to Steal an Aluminum Can — or a Penny — in Texas
From The Volokh Conspiracy, a blog for constitutional law. The author is a nationally recognized authority.
Felony to Steal an Aluminum Can — or a Penny — in Texas
(Eugene Volokh)
That’s what it looks like, given a newly enacted state statute. Until recently, Texas Penal Code § 31.03 provided that theft is “a state jail felony if,” among other things, “the value of the property stolen is less than $20,000 and the property stolen is insulated or noninsulated tubing, rods, water gate stems, wire, or cable that consists of at least 50 percent: (i) aluminum; (ii) bronze; or (iii) copper.” But the new statute deletes the text from “insulated” to “50 percent,” so that the new version now makes theft a felony when “the value of the property stolen is less than $20,000 and the property stolen is ... (i) aluminum; (ii) bronze; (iii) copper; or (iv) brass.”
According to Wikipedia, most pre-1982 pennies would qualify, being copper, bronze, or brass, but probably more recent pennies would as well, if “brass” is just read as being a “metal alloy[] consisting mainly of copper and zinc.” In any case, an aluminum can would pretty clearly qualify — and, again, we’re talking about the theft being treated as a felony. And, of course, that means you’ll lose your right to keep and bear arms as well as facing a longer sentence.
Felony to Steal an Aluminum Can — or a Penny — in Texas
(Eugene Volokh)
That’s what it looks like, given a newly enacted state statute. Until recently, Texas Penal Code § 31.03 provided that theft is “a state jail felony if,” among other things, “the value of the property stolen is less than $20,000 and the property stolen is insulated or noninsulated tubing, rods, water gate stems, wire, or cable that consists of at least 50 percent: (i) aluminum; (ii) bronze; or (iii) copper.” But the new statute deletes the text from “insulated” to “50 percent,” so that the new version now makes theft a felony when “the value of the property stolen is less than $20,000 and the property stolen is ... (i) aluminum; (ii) bronze; (iii) copper; or (iv) brass.”
According to Wikipedia, most pre-1982 pennies would qualify, being copper, bronze, or brass, but probably more recent pennies would as well, if “brass” is just read as being a “metal alloy[] consisting mainly of copper and zinc.” In any case, an aluminum can would pretty clearly qualify — and, again, we’re talking about the theft being treated as a felony. And, of course, that means you’ll lose your right to keep and bear arms as well as facing a longer sentence.