ENTERING WITH THE INTENT TO STEAL COPPER - ELEMENTS
No person may be convicted of entering with the intent to steal copper wire/tubing/cable unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, a/an premises/easement/(right of way);
Third, with the intent to steal/(remove without the consent of the owner);
Fourth, copper wire/tubing/cable;
Fifth, of another;
Sixth, from an appurtenance on the premises/easement/(right of way).
Statutory Authority: 21 O.S. 1991, § 1727.
The conduct punished by section 1727 is entry upon property with intent to steal copper wiring, tubing, or cable, even though the larceny is not completed. The first two elements of the instruction, therefore, present the distinctive conduct being punished. The third element indicates that the accused must have entered with the intent to steal or remove without the consent of the owner. Under section 1730, however, the word "steal" as used in section 1727 is defined as larceny under sections 1701 and 1704; "steal" does not have the meaning in section 1727 that it has under sections 1716, 1719, and 1720. The fourth and sixth elements indicate the specific property protected by this particular statute and that the intent must be to take the copper from an appurtenance on the property entered.
Section 1730 states an intent that this be a separate crime from larceny and that one could be properly charged both with this offense and with larceny if the copper is, in fact, stolen.