(1) As used in this section: “Receiving” means acquiring possession, control, or title or lending on the security of the scrap metal; and
(2) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.
(3) A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, purchases, or disposes of scrap metal of another person and he or she knows or should have known that the scrap metal was stolen.
(4) Theft by receiving of scrap metal is a: Class A misdemeanor; or
(5) Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000).
(6) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the scrap metal was nonferrous metal, as it is defined in § 17-44-101.