76-6-409.3 (Effective 11/01/10) - Theft of utility or cable television services -- Restitution -- Civil action for damages. - Utah Statutes

76-6-409.3 (Effective 11/01/10). Theft of utility or cable television services --Restitution -- Civil action for damages.
(1) As used in this section:
(a) "Cable television service" means any audio, video, or data service provided by a cabletelevision company over its cable system facilities for payment, but does not include the use of asatellite dish or antenna.
(b) "Owner" includes any part-owner, joint owner, tenant in common, joint tenant, ortenant by the entirety of the whole or a part of any building and the property on which it islocated.
(c) "Person" means any individual, firm, partnership, corporation, company, association,or other legal entity.
(d) "Tenant or occupant" includes any person, including the owner, who occupies thewhole or part of any building, whether alone or with others.
(e) "Utility" means any public utility, municipally-owned utility, or cooperative utilitywhich provides electricity, gas, water, or sewer, or any combination of them, for sale toconsumers.
(2) A person is guilty of theft of a utility or cable television service if the person commitsany prohibited acts which make gas, electricity, water, sewer, or cable television available to atenant or occupant, including himself, with intent to avoid due payment to the utility or cabletelevision company. Any person aiding and abetting in these prohibited acts is a party to theoffense under Section 76-2-202. Prohibited acts include:
(a) connecting any tube, pipe, wire, cable, or other instrument with any meter, device, orother instrument used for conducting gas, electricity, water, sewer, or cable television in amanner as permits the use of the gas, electricity, water, sewer, or cable television without itspassing through a meter or other instrument recording the usage for billing;
(b) altering, injuring, or preventing the normal action of a meter, valve, stopcock, orother instrument used for measuring quantities of gas, electricity, water, or sewer service, ormaking or maintaining any modification or alteration to any device installed with theauthorization of a cable television company for the purpose of intercepting or receiving anyprogram or other service carried by the company which the person is not authorized by thecompany to receive;
(c) reconnecting gas, electricity, water, sewer, or cable television connections orotherwise restoring service when one or more of those utilities or cable service have beenlawfully disconnected or turned off by the provider of the utility or cable service;
(d) intentionally breaking, defacing, or causing to be broken or defaced any seal, lockingdevice, or other part of a metering device for recording usage of gas, electricity, water, or sewerservice, or a security system for the recording device, or a cable television control device;
(e) removing a metering device designed to measure quantities of gas, electricity, water,or sewer service;
(f) transferring from one location to another a metering device for measuring quantitiesof public utility services of gas, electricity, water, or sewer service;
(g) changing the indicated consumption, jamming the measuring device, bypassing themeter or measuring device with a jumper so that it does not indicate use or registers useincorrectly, or otherwise obtaining quantities of gas, electricity, water, or sewer service from theutility without their passing through a metering device for measuring quantities of consumption

for billing purposes;
(h) using a metering device belonging to the utility that has not been assigned to thelocation and installed by the utility;
(i) fabricating or using a device to pick or otherwise tamper with the locks used to deterutility service diversion, meter tampering, meter thefts, and unauthorized cable television service;
(j) assisting or instructing any person in obtaining or attempting to obtain any cabletelevision service without payment of all lawful compensation to the company providing theservice;
(k) making or maintaining a connection or connections, whether physical, electrical,mechanical, acoustical, or by other means, with any cables, wires, components, or other devicesused for the distribution of cable television services without authority from the cable televisioncompany; or
(l) possessing without authority any device or printed circuit board designed in whole orin part to receive any cable television programming or services offered for sale over a cabletelevision system with the intent that the device or printed circuit be used for the reception of thecable television company's services without payment. For purposes of this subsection, device orprinted circuit board does not include the use of a satellite dish or antenna.
(3) The presence on property in the possession of a person of any device or alterationwhich permits the diversion or use of utility or cable service to avoid the registration of the useby or on a meter installed by the utility or to otherwise avoid the recording of use of the servicefor payment or otherwise avoid payment gives rise to an inference that the person in possessionof the property installed the device or caused the alteration if:
(a) the presence of the device or alteration can be attributed only to a deliberate act infurtherance of an intent to avoid payment for utility or cable television service; and
(b) the person charged has received the direct benefit of the reduction of the cost of theutility or cable television service.
(4) A person who violates this section is guilty of the offense of theft of utility or cabletelevision service.
(a) In the case of theft of utility services, if the value of the gas, electricity, water, orsewer service:
(i) is less than $500, the offense is a class B misdemeanor;
(ii) is or exceeds $500 but is not more than $1,500, the offense is a class A misdemeanor;
(iii) is or exceeds $1,500 but is not more than $5,000, the offense is a third degree felony;and
(iv) is or exceeds $5,000 or if the offender has previously been convicted of a violationof this section, the offense is a second degree felony.
(b) In the case of theft of cable television services, the penalties are prescribed in Section76-6-412.
(5) A person who violates this section shall make restitution to the utility or cabletelevision company for the value of the gas, electricity, water, sewer, or cable television serviceconsumed in violation of this section plus all reasonable expenses and costs incurred on accountof the violation of this section. Reasonable expenses and costs include expenses and costs forinvestigation, disconnection, reconnection, service calls, employee time, and equipment use.
(6) Criminal prosecution under this section does not affect the right of a utility or cabletelevision company to bring a civil action for redress for damages suffered as a result of the

commission of any of the acts prohibited by this section.
(7) This section does not abridge or alter any other right, action, or remedy otherwiseavailable to a utility or cable television company.

Amended by Chapter 193, 2010 General Session