Unauthorized possession of certain copper, brass, aluminum, fiber or telecommunications material

569.119. Unauthorized possession of certain copper, brass, aluminum, fiber or telecommunications material — definitions — violations, penalties. — 1. As used in this section, the following terms mean:

(1) "Copper, brass, aluminum, fiber, or telecommunications material", any insulated or noninsulated copper, brass, aluminum, fiber-optic, or telecommunications wire, cable, pipe, tubing, power inverter, bus bar, broadband cable, fiber-optic line, or any material containing copper, brass, aluminum, fiber, glass, or metal components that is commonly used in construction, electrical systems, telecommunications networks, broadband infrastructure, utilities, or related commercial or industrial applications;

(2) "Critical infrastructure facility", the same meaning as defined under section 569.086.

2. A person commits the offense of unauthorized possession of certain copper, brass, aluminum, fiber, or telecommunications material if the person:

(1) Knowingly possesses copper, brass, aluminum, fiber, or telecommunications material; and

(2) Is not a person authorized to possess such material as provided under subsection 3 of this section.

3. Subject to subsection 4 of this section, the following persons are authorized to possess copper, brass, aluminum, fiber, or telecommunications material:

(1) The owner of the material;

(2) A public utility, rural electric cooperative, municipal utility, or common carrier;

(3) A telecommunications provider, internet service provider, cable service provider, or video service provider;

(4) A manufacturing, industrial, commercial, retail, or similar business that sells or uses such material in the ordinary course of business;

(5) A carrier-for-hire acting in the course and scope of the carrier's business and possessing appropriate documentation, including a bill of lading or contract verifying transport information;

(6) A scrap metal or metal recycling dealer under chapter 407 and acting within the ordinary course of business;

(7) A person acting in the ordinary course of lawful construction, remodeling, demolition, or salvage work who lawfully acquires the material through such activities; or

(8) Any agent, employee, subcontractor, or representative of a person described in subdivisions (1) to (7) of this subsection who is acting within the course and scope of such authority.

4. The authorization provided under subsection 3 of this section does not apply to a person who knows that the copper, brass, aluminum, fiber, or telecommunications material was unlawfully obtained.

5. (1) Except as provided in subdivision (2) of this subsection, the offense of unauthorized possession of certain copper, brass, aluminum, fiber, or telecommunications material is a class E felony.

(2) The offense of unauthorized possession of certain copper, brass, aluminum, fiber, or telecommunications material is a class D felony if it is shown at trial that:

(a) The material was unlawfully obtained from a critical infrastructure facility;

(b) The person has a prior conviction for any offense involving theft, property damage, tampering, receiving stolen property, or unauthorized possession of copper, brass, aluminum, fiber, or telecommunications material; or

(c) The person conspired with or acted in concert with another to commit theft, property damage, tampering, or receiving stolen property involving such material.

6. If conduct constituting an offense under this section also constitutes an offense under any other provision of law, the person may be prosecuted under either or both provisions subject to the provisions of section 556.041.