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?

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?

Over zealous cop responding to a copper theft snuffs-out the family dog in error.
http://www.the33tv.com/news/kd...0527,0,2162589.story

Thanks for your responses.

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.