13-3724. Obtaining utility service fraudulently; classification; definitions

A. It is unlawful for any customer or person to intentionally do any of the following:

1. Make a connection or reconnection with property that is owned or used by a utility to provide utility service without the authorization or consent of the utility.

2. Prevent a utility meter or other device that is used to determine the charge for utility services from accurately performing its measuring function.

3. Tamper with property that is owned or used by a utility.

4. Use, receive or otherwise divert utility services without the authorization or consent of the utility if the customer or person knows or has reason to know of the unlawful diversion, tampering or connection.

5. Divert or cause to be diverted utility services by any means.

B. There is a rebuttable presumption that the customer or person intentionally violated an act specified in this section if any of the following occurs:

1. An instrument, apparatus or device that was installed to obtain utility service without paying the full charge is found attached to the meter or other device that is used to provide the utility service on the premises controlled by the customer or by the person who uses or receives the utility service.

2. A meter was altered, tampered with or bypassed resulting in no measurement or an inaccurate measurement of utility services.

3. The customer, person or owner is an occupant of the premises or has an access to the system for delivery of the service to the premises and receives a benefit from tampered or bypassed equipment.

C. The presumption provided in subsection B shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.

D. Obtaining utility service fraudulently is a class 6 felony.

E. For the purposes of this section:

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

2. " Divert" means to change the intended course or path of electricity, gas or water without the authorization or consent of the utility.

3. " Reconnection" means the restoration of utility service to a customer or person after service has been legally disconnected by the utility.

4. " Tamper" means to rearrange, damage, alter, interfere with or otherwise prevent the performance of a normal or customary function, including any of the following:

(a) Connecting any wire, conduit or device to any service, distribution or transmission line that is owned or used by a utility.

(b) Defacing, puncturing, removing, reversing or altering any meter or any connections to secure unauthorized or unmeasured utility service.

(c) Preventing any meter from properly measuring or registering.

(d) Knowingly taking, receiving, using or converting to personal use or the use of another person any utility service without authorization or consent.

(e) Causing, procuring, permitting, aiding or abetting any person to do any of the acts listed in this paragraph.

5. " Utility" means any public service corporation, agricultural improvement district or other person that is engaged in the generation, transmission or delivery of electricity, water or natural gas, including this state or any political subdivision of this state.

6. " Utility service" means the provision of services or commodities by the utility for compensation.