Felony to Steal an Aluminum Can — or a Penny — in Texas

[Rex B]

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.

[C-dub]

I don't think so. A penny is still not

tubing, rods, water gate stems, wire, or cable

[fishman]

Metal thefts have been a real problem lately. I know that some police departments now have a metal theft division. The crooks do a lot of damage to property in exchange for comparetively little.

[C-dub]

I don't think so. A penny is still not

tubing, rods, water gate stems, wire, or cable

Oops! Didn't read that right. I first read that it was only deleting insulated and 50% and not everything in between also.

[Rex B]

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.

[RoyGBiv]

[/facepalm]

[PappaGun]

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.

Yes. That's exactly right.

A few test cases and the interpretation gets wider and wider.

Whatever happened to legislative intent?

That seems to not be taken in to account as much any more and has bothered me when it comes to many recent
sentencings, rulings and regulations.

[n5wd]

Whatever happened to legislative intent?

That seems to not be taken in to account as much any more and has bothered me when it comes to many recent
sentencings, rulings and regulations.

Do they even teach "legislative intent" in law school? Certainly, they should, but when I pick up a copy of the Penal Code, I don't see anything but the law there - no explanations of what the congresscritters or the leg really intended to do.

Wayne

[gigag04]

Before you had to spend additional time and money to determine the Cooper (or Al, etc) % content to prove up the elements. It needed a re-write, not a cutting. Still glad to have the law.

[puma guy]

The law existed before it was just altered. If you stole a piece of copper tubing prior to the change it was a State Jail Felony. Back in March I caught a guy red handed stealing aluminum and a copper line off a sink from my father's business the day after we buried my father in Houston National Cemetary. There was a wreath and notice on the door. ( we learned later he was there stealing the day of the funeral as well ) Any way a detective contacted me the following day to inform me the perp was being charged with felony theft. The scum only got 90 days. About 3 1/2 months later someone came and stole the A/C condensing unit and all the copper line cutting it off right at the exterior wall 15 feet up on the building. I have no doubt it was the same guy. I'm told that for an unstripped A/C unit they get about $20-50. Of course the damage is in the thousands. I'm OK with the change.

[Ameer]

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.

Thieves are not innocent people. I think most Americans would say stealing is a sin.

[pbwalker]

If someone tries to steal any metal from me, I'll be happy to supply them with some. They may not like the delivery method though.

[speedsix]

...as to "legislative intent"...that's only respected when it suits the system's purposes...a lot of Texas' laws are poorly written...I believe the CHL laws are the most carefully worded I've seen, and there're still a few areas that "float"...

[Bullwhip]

Whats the cut off to make any theft a felony? Don't take much wiring to get there whatever it is. A/C unit should make it for sure.

[The Annoyed Man]

Before copper tubing et al were specifically covered in a specific law, wasn't theft of this stuff already a felony?