[§708-835.8]  Theft of beer keg.  (1)  A person commits the offense of theft of beer keg if the person commits theft of a beer keg.

     (2)  For the purposes of this section, "beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.

     (3)  Theft of beer keg is a misdemeanor. [L 2008, c 53, §§1, 6; am L 2009, c 44, §2]


Cross References


  Scrap dealer requirements, see chapter 445, pt X.


COMMENTARY ON §708-835.8


  Act 53, Session Laws 2008, added this section, establishing the misdemeanor offense of theft of a beer keg.  Metal beer kegs were being stolen at escalating rates, largely because they can be redeemed for fast cash at scrap dealerships.  House Standing Committee Report Nos. 1113-08 and 1671-08.

  Act 44, Session Laws 2009, made permanent the prohibition against stealing beer kegs and the documentation requirements for scrap metal dealers.  The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of beer kegs and should be made permanent.  Senate Standing Committee Report No. 1240.