5-36-123. Theft of scrap metal.

5-36-123. Theft of scrap metal. (a) As used in this section: (1) “Building material” means scrap metal used in the construction or rebuilding of a building or a structure; (2) “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; (3) “Incidental damage” means loss of income, loss of profit, or property damage; (4) “Permitted construction site” means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; (5) “Public safety agency” means an agency of the State of Arkansas or a functional division of a political subdivision that provides: (A) Firefighting and rescue; (B) Response to natural or human-caused disaster or a major emergency; (C) Law enforcement; or (D) Ambulance or emergency medical services; (6) “Public safety device” includes, but is not limited to, a traffic-signaling device or a railroad-crossing device; (7) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.; (8) “Utility” means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or internet services; and (9) “Utility property” means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services. (b) A person commits theft of scrap metal if he or she commits, aids, or is an accomplice to a commission of theft of property under § 5-36-103(a) and the property is scrap metal. (c) Theft of scrap metal is a: (1) Class B felony if: (A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or (D) The property is utility property and the value of the property is five hundred dollars ($500) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property is obtained by threat; (C) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more; or (D) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or (C) The property is an apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or (4) Class A misdemeanor if: (A) The value of the property is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost. (d)(1) The penalty for theft of scrap metal is enhanced if, upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the property is: (A) A generator intended for use by: (i) A public facility; (ii) A nursing home or hospital; (iii) An airport; (iv) A public safety device; (v) A communication tower or facility; (vi) A public utility; (vii) A water system or sewer system; (viii) A public safety agency; or (ix) Any other facility or entity providing a vital service; or (B) Any other equipment used in the transmission of electric power or telephone service. (2) The penalty is enhanced as follows: (A)(i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (ii) The fine is mandatory; and (B) The offense is a Class D felony if it otherwise would have been a Class A misdemeanor. (e) Upon conviction of a person for theft of scrap metal, the classification and penalty range shall be increased by 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 were 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.