[§708-839.5]  Theft of utility
services.  (1)  For purposes of this section:



"Customer" means the person in whose
name the utility service is provided.



"Divert" means to change the intended
course or path of utility services without the authorization or consent of the
utility.



"Person" means any individual,
partnership, firm, association, corporation, or other legal entity.



"Reconnection" means the reconnection
of utility service by a customer or other person after service has been
lawfully disconnected by the utility.



"Utility" means any public utility as
defined in section 269-1, that provides electricity, gas, or water services.



"Utility service" means the provision
of electricity, gas, water, or any other service provided by the utility for
compensation.



(2)  A person commits the offense of theft of
utility services if the person, with intent to obtain utility services for the
person's own or another's use without paying the full lawful charge therefor,
or with intent to deprive any utility of any part of the full lawful charge for
utility services it provides, commits, authorizes, solicits, aids, or abets any
of the following:



(a) Diverts, or causes to be diverted utility
services, by any means whatsoever;



(b) Prevents any utility meter, or other device used
in determining the charge for utility services, from accurately performing its
measuring function;



(c) Makes or causes to be made any connection or
reconnection with property owned or used by the utility to provide utility
services, without the authorization or consent of the utility; or



(d) Uses or receives the direct benefit of all or a
portion of utility services with knowledge or reason to believe that a
diversion, prevention of accurate measuring function, or unauthorized
connection existed at the time of use or that the use or receipt was otherwise
without the authorization or consent of the utility.



(3)  In any prosecution under this section, the
presence of any of the following objects, circumstances, or conditions on
premises controlled by the customer, or by the person using or receiving the
direct benefit of all or a portion of utility services obtained in violation of
this section, shall create a rebuttable presumption that the customer or person
intended to and did violate this section:



(a) Any instrument, apparatus, or device primarily
designed to be used to obtain utility services without paying the full lawful
charge therefor; or



(b) Any meter that has been diverted or prevented
from accurately performing its measuring function so as to cause no measurement
or inaccurate measurement of utility services.



(4)  A person commits the offense of theft of
utility services in the first degree in cases where the theft:



(a) Accrues to the benefit of any commercial trade or
business, including any commercial trade or business operating in a residence,
home, or dwelling;



(b) Is obtained through the services of a person
hired to commit the theft of utility services; in which event, both the person
hired and the person responsible for the hiring shall be punished under this
section as a class C felony; or



(c) Accrues to the benefit of a residence, home, or
dwelling where the value of the theft of utility services exceeds $300.



Theft of utility services in the first degree is a
class C felony, and shall be sentenced in accordance with chapter 706, except
that for a first offense the court shall impose a minimum sentence of a fine of
at least $1,000 or two times the value of the theft, whichever is greater.



(5)  A person commits theft of utility services
in the second degree if the person commits theft of utility services other than
as provided in subsection (4).  Theft of utility services in the second degree
is a misdemeanor and shall be sentenced in accordance with chapter 706, except that
for a first offense the court shall impose a minimum sentence of a fine of
$500, with an increase of $500 for each succeeding conviction under this
subsection. [L 1996, c 256, §2]



 



COMMENTARY ON §708-839.5



 



  Act 256, Session Laws 1996, added this section, which
establishes and defines the crime of theft of utility services.  The
legislature recognized that theft of utility services was widespread throughout
the utility industry, that utility companies often spread the loss of revenues
from the thefts to rate payers, and that attempting to steal utility services
can pose a threat of physical injury to innocent persons and the thief.  The
legislature also acknowledged that current theft statutes do not specifically
provide for thefts of utility services.  The legislature found that a new type
of theft needed to be established to deter the theft of utility services. 
House Standing Committee Report No. 1519-96, Senate Standing Committee Report
No. 2062.