§708-835.7

Theft of copper

Fraud & financial crimes · Chapter 708 — Offenses Against Property Rights · Part IV. Theft and Related Offenses

(1) A person commits the offense of theft of copper if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States.

(2) Theft of copper is a class C felony. [L 2007, c 197, §§2, 7; am L 2009, c 44, §1]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 2007, c 197, §§2, 7; am L 2009, c 44, §1]

Cross references, commentary & case notes

Cross References Scrap dealer requirements, see chapter 445, pt X. COMMENTARY ON §708-835.7 Act 197, Session Laws 2007, established theft of copper as a felony offense, to deter the theft of copper. The offense applies to copper weighing a pound or more. Act 197 has a sunset date of July 1, 2009. Conference Committee Report No. 70. Act 44, Session Laws 2009, made permanent the offense of theft of copper, as well as the documentation requirements for the sale of copper to scrap metal dealers and related penalties. The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of copper and should be made permanent. Senate Standing Committee Report No. 1240.

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