(a) Offense defined.--A person commits the offense of theft of secondary metal if the person unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over any secondary metal with intent to deprive the rightful owner thereof.
(b) Grading.--Except as set forth in subsection (c):
(1) An offense under this section constitutes a misdemeanor of the third degree when the value of the secondary metal unlawfully obtained is less than $50.
(2) When the value of the secondary metal unlawfully obtained is $50 or more but less than $200, the offense constitutes a misdemeanor of the second degree.
(3) When the value of the secondary metal unlawfully obtained is $200 or more but less than $1,000, the offense constitutes a misdemeanor of the first degree.
(4) When the value of the secondary metal unlawfully obtained is $1,000 or more, the offense constitutes a felony of the third degree.
(c) Third or subsequent offenses.--An offense under this section constitutes a felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the secondary metal. For purposes of this subsection, a first and second offense includes a conviction, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for an offense under this section or section 3921 (relating to theft by unlawful taking or disposition).
(d) Definition.--As used in this section, the term "secondary metal" means wire, pipe or cable commonly used by communications, gas, water, wastewater and electrical utilities and railroads and mass transit or commuter rail agencies, copper, aluminum or other metal, or a combination of metals, that is valuable for recycling or reuse as raw material.
(June 22, 2017, P.L.213, No.8, eff. 60 days)
2017 Amendment. Act 8 added section 3935.1.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 39 - Theft and Related Offenses
Section 3902 - Consolidation of theft offenses
Section 3903 - Grading of theft offenses
Section 3904 - Arrest without warrant
Section 3921 - Theft by unlawful taking or disposition
Section 3922 - Theft by deception
Section 3922.1 - Financial exploitation of an older adult or care-dependent person
Section 3923 - Theft by extortion
Section 3924 - Theft of property lost, mislaid, or delivered by mistake
Section 3925 - Receiving stolen property
Section 3926 - Theft of services
Section 3927 - Theft by failure to make required disposition of funds received
Section 3928 - Unauthorized use of automobiles and other vehicles
Section 3929.1 - Library theft
Section 3929.2 - Unlawful possession of retail or library theft instruments
Section 3929.3 - Organized retail theft
Section 3930 - Theft of trade secrets
Section 3931 - Theft of unpublished dramas and musical compositions
Section 3932 - Theft of leased property
Section 3933 - Unlawful use of computer (Repealed)
Section 3934 - Theft from a motor vehicle