§ 5-36-123 - Theft of scrap metal.
5-36-123. Theft of scrap metal.
(a) A person commits theft of scrap metal if he or she commits theft of property under 5-36-103(a) and the property is scrap metal.
(b) Except as provided in subsection (c) of this section, the classification and penalty range for theft of scrap metal is the same as theft of property under 5-36-103(b).
(c) Upon conviction of a person for theft of scrap metal, the classification and penalty range in 5-36-103(b) shall be increased one (1) classification if:
(1) The person caused incidental damage to the owner of the scrap metal or the property of the owner of the scrap metal while committing the theft of scrap metal and the costs of incidental damage was more than two hundred fifty dollars ($250); or
(2) The person transported the scrap metal across state lines to sell or dispose of the scrap metal.
(d) As used in this section:
(1) "Costs of incidental damage" means the total amount of money damages suffered by an owner of scrap metal as a direct result of the theft of the scrap metal, including lost income, lost profits, and costs of repair or replacement of property damage;
(2) "Incidental damage" means loss of income, loss of profit, or property damage; and
(3) "Scrap metal" means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in 17-44-101 et seq.