As you all know, under Penal Code Sec. 31.03(e)(4), theft of less than $20,000 worth of tubing, rods, etc. that was at least 50% aluminum, bronze or copper used to be a state jail felony. Then on 9/1/11, its a state jail felony if its worth less than $20,000 "and the property stolen IS aluminum, bronze, copper or brass."
I'm looking at a case in which an automobile transmission (WITH AN ALUMINUM HOUSING the deputy's report states) was stolen. But the transmission's not made of aluminum, it just has aluminum component(s). What percentage, I have no idea.
What was the new law intended to cover? Only pure copper, etc.? Pennies?
Posts: 50 | Location: Jasper, TX, USA | Registered: July 30, 2007
If you came to our legislative updates last summer, you might recall our discussion of this topic and our reference to pennies, which are only 2% copper.
I don't recall any legislative intent other than to "get the bastards who steal metal," including the metal from A/C units, traffic signals, manhole covers, and the like. I assume by removing the 50%+ requirement, theft of an object containing 0.0001% of one of the metals listed in the statute triggers the enhancement.
Ridiculous? Perhaps. But since when did that stop anyone from passing a law?
Posts: 2429 | Location: TDCAA | Registered: March 08, 2002
I generally let the intent of the thief guide my charging decision. If your defendant stole the transmission to use as a transmission, then charge it as a misdemeanor theft.
If the defendant stole the transmission and then took it to a scrap yard to sell for the aluminum housing then, well... Scrappers are thieves and there's a special enhancement for that.
