Under existing law it is grand theft to steal, take, or carry away steal copper materials of another valued at more than $950. A violation of this provision is punishable either as a misdemeanor or a felony by imprisonment in county jail with fines as specified. and specified fines.

Under existing law it is grand theft to steal, take, or carry away copper materials of another valued at more than $950. A violation of this provision is punishable either as a misdemeanor or a felony in county jail with fines as specified.

This bill would make a technical, nonsubstantive change to that provision.

Date of Hearing:

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 1218

Author:(Soria) – As Amended Ver:March 24, 2025

SUMMARY:

Makes it an alternate misdemeanor-felony for a person to possess certain copper materials without written proof of lawful ownership. Specifically, this bill:

1. Makes it an alternate misdemeanor-felony to unlawfully possess copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping, which are of a value exceeding $950, without proof of lawful possession.
2. Makes it an alternate misdemeanor-felony to possess copper materials, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping which they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, internet, gas, water, or electric light company, or a city, county, city and county, or other political subdivision of this state engaged in furnishing public utility service without proof of lawful possession.
3. Specifies that lawful possession may be proven by a record that contains all of the following:
   1. The name, address, and telephone number of the seller or the seller’s authorized representative;
   2. The name, address, and telephone number of the buyer or consignee if not sold;
   3. The common or generic name and quantity of the material involved;
   4. The date of the transaction; and,
   5. The location from which the material was obtained.
4. Makes it an alternate misdemeanor-felony to knowingly falsify or cause to be falsified any information in a record intended to show proof of lawful possession.
5. Punishes these crimes by imprisonment in county jail not exceeding one year or a $2,500 fine, or by imprisonment in county jail for 16 months, two years, or three years and a $10,000 fine.
6. Makes it a crime for a person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses specified items such as parts of a fire hydrant, fire department connection, manhole cover, or backflow devices, that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, that is possessed without proof of lawful possession, as defined above, and knowing the property to have been possessed without proof of lawful possession, is punishable by a criminal fine of up to $3,000 in addition to any other penalty provided by law.
7. Specifies that the information that a dealer or collector of junk, metals, or secondhand materials who buys or receives specified metals must obtain from the seller of such metals, must include the location from which the material was obtained.

EXISTING LAW:

1. States that every person who feloniously steals, takes, carries, leads, or drives away the personal property of another, or who fraudulently appropriates property which has been entrusted to them, or who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor or real or personal property, is guilty of theft. Divides theft into two degrees, petty theft and grand theft. (Pen. Code §§ 484, subd. (a), 486.)
2. Punishes petty theft as a misdemeanor, punishable by fine not exceeding $1,000, or by imprisonment in the county jail not exceeding six months, or both. (Pen. Code, § 490.)
3. Defines grand theft as theft of money, labor, real or personal property of a value exceeding $950, and punishes grand theft as a “wobbler” – subject to imprisonment in county jail not exceeding one year, or by imprisonment in county jail for 16 months, two years, or three years (Pen. Code, §§ 487, 489.)
4. Makes it a crime to buy or receive stolen property. If the value of the property is less than $950, the offense is a misdemeanor punishable by imprisonment in county jail for one year. If the value of the property is over $950, the offense is punishable as a “wobbler” – subject to imprisonment in a county jail not exceeding one year, or by imprisonment in county jail for 16 months, two years, or three years (Pen. Code, §§ 487, 489, 496.)
5. Creates additional penalties for theft or possession of, or damage to, certain stolen metals and public utility-related items.
   1. Makes it a wobbler, punishable by a fine not exceeding $2,500 or imprisonment in a county jail not exceeding one year, or by 16 months, or two, or three years in county jail, and a $10,000 fine, for any person to steal, carry, or take away copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing and copper piping, which are of a value exceeding $950. (Pen. Code, § 487j.)
   2. Makes it a crime to unlawfully purchase or receive certain metal materials, as follows:
      1. Prohibits a dealer or collector of junk, metals, or secondhand materials, from buying or receiving any wire, cable, copper, lead, solder, mercury, iron, or brass which they know or reasonably should know is ordinarily used by or ordinarily belongs to a county, city, or a public utility or transportation company, as specified, without using due diligence to ascertain that the person selling or delivering the property has legal right to do so.
      2. Punishes this crime as a wobbler, punishable as a misdemeanor by up to one year in county jail, or a felony by 16 months, or two, or three years in county jail, or by a fine not more than $1,000.
      3. Requires a person who buys or receives the above materials to obtain evidence of identity from the seller, including, that person’s name, signature, address, driver’s license number, and vehicle license number, and the license number of the vehicle delivering the material.
      4. Requires the record of the transaction to include an appropriate description of the material purchased and the record to be maintained for at least two years after making the final entry of any purchase or sale of junk or scrap metals and alloys. (Pen. Code, § 496a.)
   3. Makes it a crime to steal, damage, or possess certain public utility related items, as follows:
      1. Prohibits any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal from possessing any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or failing to report possession of the items, as specified:
         1. A fire hydrant or any reasonably recognizable part of that hydrant.
         2. Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.
         3. Manhole covers or lids, or any reasonably recognizable part of those manhole covers and lids.
         4. Backflow devices and connections to that device, or any part of that device.
         5. Punishes this offense by up to a $3,000 fine, in addition to any other penalty provided by law. (Pen. Code, § 496e.)
   4. Makes it an alternate misdemeanor-felony for a person who unlawfully and maliciously takes down, removes, injures, disconnects, cuts, or obstructs a line of telegraph, telephone, or cable television, or any line used to conduct electricity, or any part thereof, punishable as a misdemeanor by up to one year in county jail or a fine of up to $1,000, or as a felony by 16 months, or two, or three years in county jail, or by a fine not more than $10,000. (Pen. Code, § 591.)
6. Requires every junk dealer and every recycler to keep a written record of all sales and purchases made in the course of their business. (Bus. & Prof. Code, § 21605.)
7. Requires every junk dealer and every recycler to include in the above written record:
   1. The place and date of each sale or purchase of junk made in the conduct of their business as a junk dealer or recycler.
   2. Methods of identification, as specified.
   3. The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer’s or recycler’s place of business.
   4. A description of the item or items of junk purchased or sold, including the item type and quantity, and identification number, if visible.
   5. A statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. (Bus. & Prof. Code, § 21606, subd. (a).)
8. Makes it a misdemeanor to make, or cause to be made, any false or fictitious statement regarding any information in the above written record. (Bus. & Prof. Code, § 21606, subd. (b).
9. Requires every junk dealer and recycler to preserve written records for at least two years after making the final entry of any purchase or sale of junk or scrap metals and alloys. (Bus. & Prof. Code, § 21607.)
10. Specifies that a junk dealer or recycler who fails in any respect to keep written records, or to include any of the information required to be included, is guilty of a misdemeanor and every junk dealer or recycler who refuses to share those written records with law enforcement, as specified, or who destroys that record within two years, is guilty of a misdemeanor, and punishes any knowing and willful violation as follows:
    1. For a first offense, by a fine of not less than $1,000, or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment.
    2. For a second offense, by a fine of not less than $2,000, or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment. In addition to any other sentence imposed, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed 30 days.
    3. For a third or any subsequent offense, by a fine of not less than $4,000, or by imprisonment in the county jail for not less than six months, or by both that fine and imprisonment. In addition to any other sentence imposed, the court must order the defendant to stop engaging in business as a junk dealer or recycler for at least one year. (Bus. & Prof. Code, § 21608.)
11. Requires a junk dealer or recycler to request to receive theft alert notifications regarding the theft of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, in the junk dealer’s or recycler’s geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor. This requirement does not apply if the institute or its successor requires payment for use of the theft alert system. (Bus. & Prof. Code, § 21608.7, subd. (a).)
12. Prohibits a junk dealer or recycler form possessing any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, as specified, that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material. (Bus. & Prof. Code, § 21609.1, subd. (a).)
13. Requires a junk dealer or recycler who unknowingly takes possession of one or more of the items listed above as part of a load of otherwise non-prohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. (Bus. & Prof. Code, § 21609.1, subd. (b).)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, “Copper theft and related activity are on the rise once again. These acts threaten public safety, utility and telecommunications services and connectivity, and California businesses. While the actual theft of such materials is addressed by current law, proving the elements of the theft crime itself can be difficult. Additionally, there is a lack of statutory tools to address those who unlawfully possess significant amounts of copper materials or materials that come from a utility or local government. AB 1218 addresses the issue of unlawful possession of copper materials to help eliminate this deficiency.”
2. Need for this Bill: Recent reports suggest that theft of copper wiring from public utility infrastructure has led to significant interruptions in the provision of telecommunications services and other public utility services such as street lighting. According to the Internet & Television Association, and other broadband associations:

The rising market value of copper, which is used in many communications facilities, has provided bad actors with an economic incentive to target multiple industries’ infrastructure (e.g., public utilities, transportation, etc.) nationwide through criminal acts of theft and vandalism. The bad actors then sell this metal and other stolen communications equipment. Critical communications infrastructure alone has experienced nearly 4,000 intentional incidents of theft and vandalism during just one three-month period in 2024. In the indiscriminate search for copper, even modern communications facilities, such as fiber-optic transmission lines and wireless communications towers that have no copper, have been sabotaged.

These incidents of theft and vandalism have become increasingly common and create unnecessary service disruptions that threaten and harm American citizens, consumers and businesses. The resulting damage and resources necessary to repair the affected networks harmed by criminal conduct imposes millions of dollars of direct and indirect costs on communications network providers, consumers and the economy.^[1]

1. Effect of this Bill: There are several crimes associated with receiving, possessing, or purchasing stolen metals, such as copper, each which requires some degree of knowledge that the property has been, or may be stolen.

Existing law makes it a crime to buy or receive stolen property with knowledge that the property is stolen. (Pen. Code, 496, subd. (a).). In order to convict a person for buying or receiving stolen property the prosecution must prove: 1) the defendant bought, received, or sold property that had been stolen or obtained by extortion; 2) the defendant knew that the property had been stolen or obtained by extortion; and 3) the defendant actually knew of the presence of the property. (1 CALCRIM 1750 (2025).) If the value of the stolen property is under $950 this crime is a misdemeanor, punishable by imprisonment in a county jail not exceeding one year or up to a $1,000 fine. If the value of received stolen property exceeds $950 it is punishable as a “wobbler” – subject to imprisonment in a county jail not exceeding one year (or up to a $1,000 fine), or by imprisonment in county jail for 16 months, two years, or three years, or a fine up to $10,000. (Pen. Code, §§ 487, 489, 496.).

A person engaged in the salvage, recycling, purchase, or sale of scrap metal is prohibited from possessing specified items such as parts of fire hydrants, fire department connections, manhole covers, and backflow devices, that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained through theft or extortion, knowing the property to be so stolen or obtained, or failing to report possession of the items, as specified. (Pen. Code, § 496e, subd. (a).) This offense is punishable by a $3,000 criminal fine, in addition to any other penalty provided by law. (Pen. Code, § 496e.)

Additionally, existing law also prohibits dealers or collectors of junk and metals from purchasing or receiving certain metal materials that they know ordinarily belong to certain public agencies. Specifically, a dealer or collector of junk, metals, or secondhand materials, is prohibited from buying or receiving any wire, cable, copper, lead, solder, mercury, iron, or brass which they know or reasonably should know is ordinarily used by or ordinarily belongs to a county, city, or a public utility or transportation company, as specified, without using due diligence to ascertain that the person selling or delivering the property has legal right to do so. (Pen. Code, § 496a, subd. (a).) Violation of this prohibition is punishable as a misdemeanor by up to one year in county jail, or a felony by 16 months, or two, or three years in county jail, or by a fine of not more $1,000. (Ibid.)

Notably, each of the above crimes contains some requirement that the person possessing, receiving, or purchasing property has knowledge that the property is stolen or otherwise does not belong to seller. In contrast, AB 1218 will make possession of copper a crime, punishable as an alternate-misdemeanor felony, unless the person possessing the copper can produce a written record that they obtained the copper lawfully. Specifically, it creates three new alternate misdemeanor-felonies pertaining to possession of copper wire without proof of ownership.

First, this bill would make it a crime to possess copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping, which are of a value exceeding $950, without proof of lawful possession. Second, it would make it a crime for a person to possess any amounts of copper materials, which they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, internet, gas, water, or electric light company, or a city, county, city and county, or other political subdivision of this state engaged in furnishing public utility service without proof of lawful possession. Third, it would make it a crime to knowingly falsify or cause to be falsified any information in a record intended to show proof of lawful possession. Each of these crimes would be punished as alternative misdemeanor-felony – subject to imprisonment in county jail not exceeding one year or a $2,500 fine, or by imprisonment in county jail for 16 months, two years, or three years and a $10,000 fine.

Additionally, this bill would prohibit a person engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses specified items such as parts of a fire hydrant, fire department connection, manhole cover, or backflow devices, that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, from possessing such materials without proof of lawful possession, and knowing the property to have been possessed without proof of lawful possession, punishable by a criminal fine of up to $3,000 in addition to any other penalty provided by law.

In order for a person possessing copper to establish their innocence, they would have to produce a written record that contains all of the following: 1) the name, address, and telephone number of the seller; 2) the name, address, and telephone number of the buyer or consignee if not sold; 3) the common or generic name and quantity of the material involved; 4) the date of the transaction; and 5) the location from which the material was obtained.

1. Existing Penalties for Conduct Prohibited by this Bill: There are numerous criminal penalties that can be leveraged against the type of copper wire theft from public agency infrastructure at issue here. Available tools include the following:
   1. Theft

A person who feloniously steals or takes away the personal property of another, or who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor or real or personal property, is guilty of theft. If the value of the property is under $950, it is petty theft punishable by imprisonment in county jail for one year. If the value of stolen property exceeds $950, the offense can be charged as grand theft, punishable by imprisonment in a county jail for up to one year, or by imprisonment in the county jail for 16 months, two years, or three years. (Pen. Code, §§ 487, 489, 496.) Here, a person who directly takes copper wire from a street lamp or telecommunications line could be prosecuted for petty theft, or grand theft, depending on the amount of copper stolen.

Notably, after the passage of Prop 36 in November of 2024, it is now easier for prosecutors to charge persons with grand, rather than petty theft. First, Prop 36 targeted repeat theft offenders, by making a conviction for theft, where that person has two prior theft convictions, punishable by imprisonment in county jail for up to one year or by 16 months, or two or three years; and it made a second or subsequent conviction of petty theft with two priors punishable by imprisonment in the county jail not exceeding one year or by imprisonment in state prison. (Pen. Code, § 666.1, subd. (a).) Here, a person with two prior theft convictions who is caught stealing copper wire from public utility infrastructure such as a telecommunications line, can face up to three years in county jail. (Pen. Code, § 666.1, subd. (a).)

Second, Prop 36 made it easier to aggregate the value of stolen property in order to trigger the $950 grand theft threshold. Previously, the value of stolen property could be aggregated to charge grand theft where the acts were motivated by one intention, one impulse, and one plan. (Pen. Code, § 487, subd. (e).) However, Prop 36 authorized a more generous method of aggregation by stating that, in multiple cases of theft the value of property may be aggregated into a single charge, with the sum of the value of all property or merchandise being the value considered in determining the degree of theft. (Pen. Code, § 490.3.) As such, pursuant to Prop 36’s aggregation standard, prosecutors will have greater leeway to aggregate all theft associated with the type of copper wire theft at issue in this bill, making it easier to charge such persons with grand theft.

• 1. Theft of Copper Materials

The Penal Code contains a separate copper wire theft statute that imposes higher criminal fines for misdemeanor theft of copper wire, than for misdemeanor theft more generally. Specifically, existing law makes it wobbler, punishable by a fine not exceeding $2,500 or imprisonment in a county jail not exceeding one year, or by 16 months, or two, or three years in county jail, or a $10,000 fine, for any person to steal, carry, or take away copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing and copper piping, which are of a value exceeding $950. (Pen. Code, § 487j.) As such, a prosecutor may charge a person who steals copper wire from a telecommunications line as regular theft, or theft of copper wire. Notably, a person prosecuted for misdemeanor theft of copper wire may be subject to a higher fine ($2,500) than if charged for regular petty theft ($1,000). (Pen. Code, §§ 487j. 490.)

• 1. Receipt of Stolen Property

As previously noted, any persons who receives stolen copper wire, with knowledge that it is stolen, may be prosecuted for receipt of stolen property, which is a wobbler. Under existing law, it is a crime to buy or receive stolen property, with knowledge that the property was stolen, and with knowledge of the presence of the property. (Pen. Code, §§ 487, 489, 496; 1 CALCRIM 1750 (2025).) As such, persons, such as dealers or collectors of junk and metals, or persons otherwise engaged in selling metals, who are not directly involved in the theft of copper wire, but receive such copper wire with knowledge that it was stolen, can be prosecuted for receipt of stolen property.

• 1. Receipt of Copper or Specified Materials Belonging to a Public Agency

Additionally, a person engaged in the salvage, recycling, purchase, or sale of scrap metal is already prohibited from possessing specified public utility-related materials such as fire hydrant parts that have been stolen, with knowledge the property was stolen. (Pen. Code, § 496e, subd. (a).) Similarly, dealers or collectors of junk and metals are also prohibited from purchasing or receiving certain metal materials they know ordinarily belong to certain public agencies, without using due diligence to determine that the seller lawfully owns the property. (Pen. Code, § 496e, subd. (a).)

• 1. Cutting or Disconnecting A Utility Line

Proponents of the bill emphasize concerns that individuals have damaged telecommunications lines during efforts to steal the copper wire contained within such infrastructure. Notably, it is already a crime for a person to take down, remove, injure, disconnect, cut, or obstruct a line of a telephone, cable television, or any line used to conduct electricity. (Pen. Code, § 591.) This crime is punishable as a misdemeanor by up to one year in county jail or a fine of up to $1,000, or as a felony by 16 months, or two, or three years in county jail, or by a fine not more than $10,000. (Ibid.) As such, an individual who damages or cuts a fiber optic line in the process of stealing copper wire from that line can face up to three years in county jail.

• 1. Vandalism

A person who steals copper wire from public utility infrastructure, damaging that infrastructure in the process, may also be charged with vandalism. Vandalism requires that the defendant maliciously defaced with graffiti or damaged, or destroyed real or personal property, and the defendant did not own the property. (Pen. Code, § 594, subd. (a); 2 CALCRIM 2900 (2025).) When a person commits vandalism with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to a public entity, it creates an inference that the person did not own the property or have permission to damage the property. (Ibid.) The value threshold to charge a person with felony vandalism is lower than the threshold to charge a person with grand theft. If the amount damaged is less than $400, vandalism is punishable by imprisonment in county jail for up to one year, or by a fine of $1,000. (Pen. Code, § 594, subd. (b)(2).) However, if the amount of damage is over $400 it is punishable as a “wobbler” – subject to imprisonment in a county jail not exceeding one year, by imprisonment in county jail for 16 months, two years, or three years, or a fine up to $10,000. (Pen. Code, § 594, subd. (b)(1).) If the amount of damage is $10,000 or more, a person can receive a fine of up to $50,000. (Ibid.) In sum, if a person steals $100 of copper wire from a street light or telecommunications line, an amount that would only constitute petty theft, but creates at least $500 in damage in the process, that person can be charged with felony vandalism.

• 1. Sentence Enhancements for Theft and Damage to Property

Further, a person who steals copper wire, or receives stolen wire, where the ultimate value of the amount stolen exceeds $50,000, can be subject to additional sentence enhancements created by Prop. 36. Specifically, Prop. 36 provided that, if a person takes or damages property in the attempted commission of a felony, or commits a felony violation of buying or receiving stolen property, the court shall impose additional sentence enhancements of between one year and four years, depending on the value of the property taken. (Pen. Code, § 12022.6.) As such, a person, or group of persons, that steal copper wire from a telecommunications line in excess of $50,000 in value, or causes over $50,000 in damages to the line, could not only be prosecuted with felony grand theft but also could be subject to multi-year enhancements depending on the amount stolen or damaged.

• 1. Criminal Fines and Fees

Several of the above criminal penalties are alternate misdemeanor-felonies, which are punishable by up to $10,000 fines. Notably, the financial costs of a criminal fine is far higher than the base fine outlined in statute.

For example, a base fine of $10,000, as proposed by this bill, would be subject to the following additional fees and assessments:

Pen. Code, § 1464 state penalty on fines: 10,000 ($10 for every $10)

Pen. Code, § 1465.7 state surcharge:  2,000 (20% surcharge)

Pen. Code, § 1465.8 court operation assessment:  40 ($40 fee per criminal offense)

Gov. Code, § 70372 court construction penalty:  5,000 ($5 for every $10)

Gov. Code, § 70373 assessment: 30 ($35 for felony or misdemeanor)

Gov. Code, § 76000 penalty: 7,000 ($7 for every $10)

Gov. Code, § 76000.5 EMS penalty:  2,000 ($2 for every $10)

Gov. Code, § 76104.6 DNA fund penalty:  1,000 ($1 for every $10)

Gov. Code, § 76104.7 additional DNA fund penalty: 4,000 ($4 for every $10)

Total Fine with Assessments: $31,075

As such, a person convicted of felony receipt of stolen property, felony vandalism, or grand theft of copper wire, among others, could face a fine of over $30,000 in addition to serving a jail term.

• 1. Failure to Maintain Records

Finally, existing law establishes additional criminal penalties for junk dealers and recyclers who fail to properly preserve written records of all sales and purchases made in the course of their business. For background, every junk dealer and recycler is required to preserve written records for at least two years after making the final entry of any purchase or sale of junk or scrap metals and alloys. (Bus. & Prof. Code, § 21607.) Similarly, a dealer or collector of junk, metals, or secondhand materials is also required to maintain records of transactions for two years. (Pen. Code, § 496a.) A junk dealer or recycler who fails in any respect to keep written records, or to include specified information in such records, or who refuses to share those written records with law enforcement, as specified, or who destroys that record within two years can be charged with a misdemeanor. (Bus. & Prof. Code, § 21608.) Notably, for such persons to be prosecuted for this misdemeanor, the violation must be knowing and willful, and subject to the following penalties:

• • 1. For a first offense, by a fine of not less than $1,000, or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment.
    2. For a second offense, by a fine of not less than $2,000, or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment. In addition to any other sentence imposed, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed 30 days.
    3. For a third or any subsequent offense, by a fine of not less than $4,000, or by imprisonment in the county jail for not less than six months, or by both that fine and imprisonment. In addition to any other sentence imposed, the court must order the defendant to stop engaging in business as a junk dealer or recycler for at least one year. (Bus. & Prof. Code, § 21608.)

This can be contrasted with this bill, which would punish a person who fails to keep a record of their purchase of copper wire with a potential felony, even if they accidently discarded their receipt of purchase, or otherwise was unaware that proof of ownership was required to be maintained.

Additionally, it is also a misdemeanor for a junk dealer or recycler to make any false or fictitious statement regarding any information in the above written record. (Bus. & Prof. Code, § 21606, subd. (b).

Given the numerous types of criminal charges that can be brought against persons that steal copper wire telecommunications lines and persons that subsequently purchase or possess such property, as well as the significant criminal fines that fees that can be leveraged against such persons, the need to create new alternate-misdemeanor felonies for possession of copper wire, even if obtained lawfully, is unclear.

1. Constitutional Concerns: This bill will allow the State to bring felony charges against individuals who obtained property lawfully prior to this bill’s effective date, but are unable to produce a written record of such lawful ownership. This may make this bill vulnerable to a legal challenge for multiple reasons.

First, a core principal of criminal law, is that every crime generally “has two components: (1) an act or omission, sometimes called the actus reus; and (2) a necessary mental state, sometimes called the mens rea.” (People v. McCoy (2001) 25 Cal.4th 1111, 1117.) This is stated in California Penal Code section 20 (“In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.”) In order prove that a person is guilty of a crime, the prosecution must show that the person performed a particular act alongside a particular intent or mental state. (Pen. Code, § 20; People v. Aeschlimann (1972) 28 Cal. App. 3d 460, 473.) To find a person guilty of a particular crime, that person must not only commit the prohibited act…. but must do so with wrongful intent. (1 CALCRIM 250 (2025).) A person acts with wrongful intent when they intentionally do a prohibited act, or fails to do a required act. (Ibid.)

This bill would make it a crime to possess copper without proof of lawful ownership– an item that is otherwise legal to possess. This would not require an individual possessing copper materials to have any knowledge that the copper they possess may have been stolen, or otherwise have any criminal intent at all. This can be contrasted with the comparable crime of receipt of stolen property, which requires that the property is received “knowing the property to be so stolen or obtained.” (Pen. Code, § 496.)

This bill contains no such intent requirement. Rather, it establishes criminal culpability by virtue of mere possession of copper materials, absent written proof of ownership. Admittedly, criminal intent may properly be inferred for entities already required to keep such records and as such, have “fail[ed] to do a required act” (Pen. Code, § 496.) For example, junk dealers and recyclers are required to keep a written record of all sales and purchases made in the course of their business for at least two years after the purchase or sale, and failure to maintain such records is punishable as a misdemeanor. (Bus. & Prof. Code, §§ 21605, 21607, 21605.) In contrast, this bill will impose far greater criminal punishment, in the form of felony prosecution, on individuals who lawfully possess copper and have not failed to do any required act. For example, this bill would authorize felony charges to be brought against an individual who lost a receipt for a copper landscaping purchase they made many years ago, or an individual who inherited copper materials from their family and no records exist of their lawful possession.

Second, this bill appears to retroactively apply to persons who have previously lawfully purchased, or otherwise lawfully possess copper wire, but no longer have access to written records proving lawful ownership, and as such, may run afoul of state and federal prohibitions on ex post facto laws. The California Constitution provides that “a bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.” (Cal Const, Art. I § 9.) Similarly, the United States Constitution provides that no “State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”) (United States Const. art. I, § 10, cl 1.) An ex post facto law is a law that imposes criminal liability or increases criminal punishment retroactively. Legislative enactments prohibited by the ex post facto clause include those which: (1) criminalize conduct which was innocent when done, (2) increase the punishment for past conduct or, (3) eliminate a defense available at the time the crime was committed. (Collins v. Youngblood (1990) 497 U.S. 37, 42.) Ex post facto laws are not only outright prohibited by the United States Constitution, but they also violate all notions of fundamental fairness and result in a substantial deprivation of defendant’s due process rights. This Clause protects liberty by preventing governments from enacting statutes with “manifestly unjust and oppressive” retroactive effects. (Calder v. Bull (1978) 3 U.S. 386.)

Here this bill would impose criminal culpability based on prior conduct of purchasing or possessing copper materials that occurred prior to this bill’s effective date, effectively punishing “as a crime an act previously committed, which was innocent when done” (Collins v. Youngblood (1990) 497 U.S. 37, 42.) For example, take a person who was gifted $1,000 in copper wire 10 years ago and no longer has, or never had, proof that they are the lawful owner. If this bill were enacted it would punish that prior act of receiving copper wire 10 years ago, subjecting that person to a potential felony charge.

1. Argument in Support: According to the California State Sheriff’s Association, “Assembly Bill 1218… would address a gap in statute by specifying that the unlawful possession of copper materials is a crime if a person cannot prove they possess those materials lawfully.

“Copper theft and related activity are on the rise once again. These acts threaten public safety, utility and telecommunications services and connectivity, agricultural operations, and other California businesses. While the actual theft of such materials can be addressed by current law, proving the elements of the theft crime itself can be difficult. Additionally, there is a lack of statutory tools to address those who unlawfully possess significant amounts of copper materials or materials that come from a utility or local government.

“Recent press accounts demonstrate the frequency with which copper-related theft and tampering has been occurring in recent months. Telephone land lines, electrical infrastructure, and internet lines being stolen or destroyed have resulted in schools shutting down, public transit services being affected, internet services being disrupted, and even electric vehicle charging stations being rendered inoperable. More must be done to hold those who affect these vital services of daily living accountable.

“This bill addresses a deficiency in current law and will help law enforcement and prosecutors take action against those who would threaten public safety, California’s economy, and our vital agricultural and technology industries.”

1. Argument in Opposition: According to the California Attorneys for Criminal Justice, “This proposed legislation would create presumptions affecting criminal prosecution for possession of copper.

“We are not necessarily opposed to legislation designed to deter the theft of copper and the resale of stolen copper. However, first, this adds to the almost interminable list of crimes for which people can be prosecuted in California. Theft, receiving and sale of stolen property are already crimes all of which would include crimes involving stolen copper.

“Second, this bill would reverse the presumption of innocence and allow the prosecution to shift the burden to the individual possessing copper to furnish proof of lawful possession. In essence, anyone possessing copper has to have and furnish “possession” papers. This would jeopardize many people who are in lawful possession of copper, for instance, farming, ranching, manufacturing, or other situations where their lawful possession can no longer be documented. Few people carry with them paperwork related to copper that could simply be from their home.

“In other words, this eliminates the requirement of the prosecution to prove that the person knowingly possessed stolen property. This is contrary to the long-established jurisprudence requiring proof of mens rea as well as the prohibited act to obtain a criminal conviction.”

1. Related Legislation:
   1. AB 476 (González), increases the criminal fine for the unlawful purchase of specified metal, and increases the fine for, and expands the type of materials prohibited by, unlawful possession of stolen public utility materials. AB 476 will be heard in this Committee today.
2. Prior Legislation:
   1. AB 641 (Fong), Chapter 537, Statutes of 2023, it a misdemeanor for a person to possess nine or more used catalytic converters that have been cut from a vehicle unless they are a licensed automobile dismantler or are expressly excluded from having to be a licensed automobile dismantler.
   2. SB 1387 (Berryhill), Chapter 656, Statutes of 2012, this bill prohibits junk dealers and recyclers from possessing fire hydrants, manhole covers or backflow devices without proper certification, as specified; and provides that possession of stolen fire hydrants, manhole covers or backflow devices by persons engaged in the salvage, recycling, purchase or sale of scrap metal, shall be punishable by an additional fine up to $3000.
   3. AB 1971 (Buchanan), Chapter 82, Statutes of 2012, increases the maximum fine for junk and second-hand dealers who knowingly purchase metals used in transportation or public utility services without due diligence from $250 to $1,000, among other changes.
   4. AB 316 (Carter), Chapter 317, Statutes of 2011), creates a separate section for grand theft of copper materials and adds a fine of up to $2,500 on to the existing penalties as specified.
   5. SB 447 (Maldonado), Chapter 732, Statutes of 2009, assists local law enforcement officials in quickly investigating stolen metal and apprehending thieves by requiring scrap metal dealers and recyclers to report what materials are being scraped at their facilities and by whom on a daily basis. These rules already apply to pawn shop dealers.
   6. SB 691 (Calderon), Chapter 720, Statutes of 2009, requires junk dealers and recyclers to take thumbprints of individuals selling copper, copper alloys, aluminum and stainless steel. Sellers must also show a government identification (ID) and proof of their current address. Recyclers who violate the law face suspension or revocation of their business license and increased fines and jail time.
   7. AB 1859 (Adams), Chapter 659, Statutes of 2008, creates a fine of not more than $3,000 for any person who knowingly receives any part of a fire hydrant, including bronze or brass fittings and parts.
   8. AB 844 (Berryhill), Chapter 731, Statutes of 2009, requires recyclers to hold payment for three days, check a photo ID and take a thumbprint of anyone selling scrap metals. AB 844 also requires any person convicted of metal theft to pay restitution for the materials stolen and for any collateral damage caused during the theft.  
   9. AB 2724 (Benoit), of the 2007-08 Legislative Session, required any person convicted of grand theft involving the theft of wire, cable, copper, lead, solder, mercury, iron or brass of a kind ordinarily used by, or that ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company or county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, or farm, ranch or industrial facility or other commercial or residential building, to pay a fine of $100 for a first offense and $200 for any subsequent offense. AB 2724 failed passage in the Senate Committee on Public Safety.

REGISTERED SUPPORT / OPPOSITION:

Support

Calbroadband
Calcom Association
California Central Valley Flood Control Association
California District Attorneys Association
California Farm Bureau Federation
California Legislative Conference of Plumbing, Heating & Piping Industry
California Police Chiefs Association
California State Sheriffs' Association
Cloverdale Farms
CTIA
Eg Farming
Gilkey Five
Hoggard Ranch
J.g. Boswell Company
National Electrical Contractors Association (NECA)
Peace Officers Research Association of California (PORAC)
Stoneland Company
United Contractors (UCON)
United States Telecom Association Dba Ustelecom - the Broadband Association
Valley Ag Water Coalition
Western Line Constructors Chapter, Inc., Neca, INC.
Westhaven Agribusiness
Wireless Infrastructure Association

Oppose

ACLU California Action
California Attorneys for Criminal Justice
San Francisco Public Defender

Analysis Prepared by:

Ilan Zur / PUB. S. / (916) 319-3744

1. The Internet & Television Association, Protecting The Nation’s Critical Communications Infrastructure from Theft & Vandalism (2024), available at: https://www.ntca.org/sites/default/files/documents/2024-11/infrastructure-theft-paper.pdf#:~:text=A%20survey%20of%20large%20and%20small%20communications,averaging%201%2C310%20per%20month%20or%2044%20incidents ↑