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

[puma guy]

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

Yes

[OldCurlyWolf]

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.

The problem you are describing is not the law, though it most likely could and should be written much better, but the prosecutor who needs to be treated to an old fashioned neck tie party. That will definitely stop the prosecutors ovezealousness.

[The Annoyed Man]

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

Yes

So basically, this is merely a matter of the legislature "doing something," because the judicial system has refused to. What makes them think that the judicial system will treat the accused any differently, just because the legislature has thrown another law at the problem?

[puma guy]

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

Yes

So basically, this is merely a matter of the legislature "doing something," because the judicial system has refused to. What makes them think that the judicial system will treat the accused any differently, just because the legislature has thrown another law at the problem?

TAM Well the Ranger game is delayed so I can look at the forum I don't really know what the issue was with the legislation. The guy I caught was prosecuted under the pld statute I guess. When we caught him and turned him over to the patrolmen we told them he had a copper water line in his hand and dropped it. He had a load of aluminum from an awning and carport we had demolished. The patrolmen wanted to know the value of the stuff and I told him I had no idea. I didn't think it was enough fro a felony so I showed them the No Trespassing sign and he was arrested for felony tresspass. The next dat a detective called for more details, I met him and showed him the copper tubing he'd dropped and showed him where he'd twisted it off the connections. He told me any theft of copper was a felony. There may be some fancy lawyers that argue stealing a condensing unit with aluminum fin wrapped copper tubing doesn't meet the 50% criteria. I was pretty disgusted that the guy only got 90 days especailly with the circumstances. Of course that probably didn't come up in court. We need more judges to be victims of A/C theft and they'd realize it ain't the value of the raw material but the repairs/replacement costs.

[sjfcontrol]

We need more judges to be victims of A/C theft and they'd realize it ain't the value of the raw material but the repairs/replacement costs.

One would think that would be blatantly obvious -- even to a judge.

[Bear67]

The thefts of HVAC equipment is escalating in our part of the woods. Rural churches seem to be the hardest hit. Our Antique Tractor and Engine show grounds are on a rural county road with no one living within sight of the building. In August, our one year old condensing unit was stolen and dragged 150 yards and thrown over the fence. We had a break-in of the building earlier in the year and several thousand dollars of stuff stolen. Now we have an alarm system and more lighting. But we are also going to put disconnects and valves on the AC system where we can store in in the building as we usually use it only twice a year.

I partially blame the scrap yards who buy stolen scrap from these yahoos. The salvage yard I sell to (and sometimes buy project metals from--we call this "going to the mall") will ask lots of questions and take down truck, trailer, DL information and take your picture if they think you are hinky. I sell scrap as I clean up around the shop or jobs when I was still working, but I do not mind the salvage folks making sure I am not selling stolen goods. My local guys know me when I drive across the scales and have my DL number and license plate numbers on file. Scrap is bringing the highest dollar ever in the US, so the welfare crowd is out in force. My grandson cleaned out my short copper and #2 with solder on it out of the barn and we split $1806--my copper and his labor. My wife lady wishes I would clean up more of my "spare parts repository".

[tommyg]

A friend had her air conditioning compressor stolen for the copper.
She had to go a summer without A/C since she could not afford to replace the unit.
Since she is a senior this was a serious hardship on her.
Need to have this kind of thief thrown in the Gulf with an A/c compressor tied to their neck

[drinks]

As an old electrician I recall the electrical contractor's assn. and the power companies getting a law passed in the late 60's-early 70's that made theft of copper a felony, so this is far from new.

[unhappycamper]

As an old electrician I recall the electrical contractor's assn. and the power companies getting a law passed in the late 60's-early 70's that made theft of copper a felony, so this is far from new.

It modified an existing law.

[steelhawk]

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.

I like that. Metal thieves are a huge problem in rural areas. There had been a bent up piece of aluminum pipe, about 30 feet long, sitting by the ditch 100 feet from my house that had been put there by the farmers in case the irrigation pipeline got clogged. It was there for over 20 years. I went looking for it to move it out of sight a couple of weeks ago, but it was gone.

Sometimes justice is done when these guys get electrocuted stealing wire, or crushed stealing metal support beams.

[tommyg]

Cruel and unusual punishments are forbidden by the constitution.
A felony for stealing an empty beer can sounds like cruel and unusual to me

[apostate]

Cruel and unusual punishments are forbidden by the constitution.
A felony for stealing an empty beer can sounds like cruel and unusual to me

Then don't steal a beer can.

[sjfcontrol]

Cruel and unusual punishments are forbidden by the constitution.
A felony for stealing an empty beer can sounds like cruel and unusual to me

I would think if a punishment were actually cruel and unusual, it would be so for any crime.