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2006 SESSION
062666500Be it enacted by the General Assembly of Virginia:
1. That § 18.2-163 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-163. Tampering with metering device; diverting service; penalty; civil liability.
A. Any person who (i) tampers with any metering device
incident to the facilities set forth in § 18.2-162, or otherwise intentionally
prevents such a metering device from properly registering the degree, amount or
quantity of service supplied, or (ii) diverts such service, except telephonic or
electronic extension service not
owned or controlled by any such company or otherwise
knowingly obtains or attempts to
obtain oil, telegraph, telephone, electric, gas, sewer,
wastewater, or water service
from another by any means, artifice,
trick, deception, or device without the
payment to the company providing the utility service of all lawful compensation for each type of service obtained,
without authorization from the owner of the facility furnishing the service to
the public, shall be guilty of a Class 1 misdemeanor.
B. The presence of any metering device found to have been altered, tampered with, or bypassed in a manner that would cause the metering device to inaccurately measure and register the degree, amount or quantity of service supplied or which would cause the service to be diverted from the recording apparatus of the meter shall be prima facie evidence of intent to violate and of the violation of this section by the person to whose benefit it is that such service be unmetered, unregistered or diverted.
C. The court may order restitution for In
addition to the criminal penalty provided by this section, the person violating
the provisions of this section shall also be liable to the company
providing the utility service in an amount
equal to triple the value of the services unlawfully used and for
all costs. Such costs shall be limited to actual expenses, including the base
wages of employees acting as witnesses for the Commonwealth, and suit costs. However,
the total amount of allowable costs granted hereunder shall not exceed $250,
excluding the value of the service.