COMMITTEE SUBSTITUTE
FOR
H. B. 3161
(By Delegates Stemple, Varner and Kominar)
(Originating in the Committee on the Judiciary)
[February 23, 2007]
A BILL to amend and reenact §61-3-45 of the Code of West Virginia,
1931, as amended, relating to the theft of oil, natural gas,
water, telecommunications and electric service; and providing
for the additional payment of restitution with penalties.
Be it enacted by the Legislature of West Virginia:
That §61-3-45 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Tampering with pipes, tubes, wires or electrical
conductors; penalty.
Every person who, with intent to injure or defraud, connects,
or causes to be connected, any pipe, tube, wire, electrical
conductor or other instrument with any main, service pipe, or other
pipe or conduit or flume for conducting water, or with any main,
service pipe, or other pipe or conduit for conducting
oil, natural
gas, or with any main, service wire or other electric conductor used for the purpose of conducting electric energy for light, heat
or motive services, for the purpose of taking therefrom water,
oil,
natural gas,
telecommunications service, or electric energy,
without the knowledge of the owner thereof and with intent to evade
payment therefor,
shall be is guilty of a misdemeanor and, upon
conviction thereof, shall:
(1) Be confined in
the county jail not exceeding twelve
months, or fined not exceeding one thousand dollars, or both, in
the discretion of the court;
and
(2) The court may additionally order the payment of
restitution to the service provider.
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