Dear mock07-ga;
Thank you for allowing me to answer your interesting question.
?498. (b) Any person who, with intent to obtain for himself or herself
utility services without paying the full lawful charge therefore, or
with intent to enable another person to do so, 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 shall be guilty of a misdemeanor:
(1) Diverts or causes to be diverted utility services, by any means whatsoever.
(2) Prevents any utility meter, or other device used in determining
the charge for utility services, from accurately performing its
measuring function by tampering or by any other means.
(3) Tampers with any property owned by or used by the utility to
provide utility services.
(4) Makes or causes to be made any connection with or reconnection
with property owned or used by the utility to provide utility services
without the authorization or consent of the utility.
(5) Uses or receives the direct benefit of all or a portion of utility
services with knowledge or reason to believe that the diversion,
tampering, or unauthorized connection existed at the time of that use,
or that the use or receipt was otherwise without the authorization or
consent of the utility.
(c) 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 permit an inference that the customer or person intended
to and did violate this section:
(1) Any instrument, apparatus, or device primarily designed to be used
to obtain utility services without paying the full lawful charge
therefore.
(2) Any meter that has been altered, tampered with, or bypassed so as
to cause no measurement or inaccurate measurement of utility services.
(d) If the value of all utility services obtained in violation of this
section totals more than four hundred dollars ($400) or if the
defendant has previously been convicted of an offense under this
section or any former section which would be an offense under this
section, or of an offense under the laws of another state or of the
United States which would have been an offense under this section if
committed in this state, then the violation is punishable by
imprisonment in the county jail for not more than one year, or in the
state prison.
(e) This section shall not be construed to preclude the applicability
of any other provision of the criminal law of this state.?
Under Calfornia State Statutes misdemeanor theft, or petty theft, has
a prescribed punishment:
?490. Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or both.?
CALIFORNIA CODES
PENAL CODE
SECTION 484-502.9
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=60549023155+1+0+0&WAISaction=retrieve
As defined by the theft of services statutes above, if the amount
stolen exceeds $400 the potential penalties increase substantially to
up to one year imprisonment.
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Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
CALIFORNIA CODES
PENAL CODE
SECTION 484-502.9
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=60549023155+1+0+0&WAISaction=retrieve
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California theft utility services |
