18.2-187.1 - Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability. - Virginia Statutes

§ 18.2-187.1. Obtaining or attempting to obtain oil, electric, gas, water,telephone, telegraph, cable television or electronic communication servicewithout payment; penalty; civil liability.

A. It shall be unlawful for any person knowingly, with the intent to defraud,to obtain or attempt to obtain, for himself or for another, oil, electric,gas, water, telephone, telegraph, cable television or electroniccommunication service by the use of any false information, or in any casewhere such service has been disconnected by the supplier and notice ofdisconnection has been given.

B. It shall be unlawful for any person to obtain or attempt to obtain oil,electric, gas, water, telephone, telegraph, cable television or electroniccommunication service by the use of any scheme, device, means or method, orby a false application for service with intent to avoid payment of lawfulcharges therefor.

B1. It shall be unlawful for any person to obtain, or attempt to obtain,electronic communication service as defined in § 18.2-190.1 by the use of anunlawful electronic communication device as defined in § 18.2-190.1.

C. The word "notice" as used in subsection A shall be notice given inwriting to the person to whom the service was assigned. The sending of anotice in writing by registered or certified mail in the United States mail,duly stamped and addressed to such person at his last known address,requiring delivery to the addressee only with return receipt requested, andthe actual signing of the receipt for such mail by the addressee, shall beprima facie evidence that such notice was duly received.

D. Any person who violates any provisions of this section, if the value ofservice, credit or benefit procured is $200 or more, shall be guilty of aClass 6 felony; or if the value is less than $200, shall be guilty of a Class1 misdemeanor. In addition, the court may order restitution for the value ofthe services unlawfully used and for all costs. Such costs shall be limitedto actual expenses, including the base wages of employees acting as witnessesfor the Commonwealth, and suit costs. However, the total amount of allowablecosts granted hereunder shall not exceed $250, excluding the value of theservice.

E. Any party providing oil, electric, gas, water, telephone, telegraph, cabletelevision or electronic communication service who is aggrieved by aviolation of this section may, in a civil proceeding in any court ofcompetent jurisdiction, seek both injunctive and equitable relief, and anaward of damages, including attorney's fees and costs. In addition to anyother remedy provided by law, the party aggrieved may recover an award ofactual damages or $500 whichever is greater for each action.

(1978, c. 807; 1981, c. 197; 1992, c. 525; 1993, c. 439; 2002, c. 671; 2003,c. 354.)