H. B. 3161
(By Delegates Stemple, Varner and Kominar)
[Introduced February 21, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-45 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §61-3-59, all relating to the theft of
oil, natural gas, water, telecommunications, electric and
solid waste service; and providing 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; and that said code be amended by adding
thereto a new section, designated §61-3-59, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-45. Tampering with pipes, tubes, wires or electrical
conductors; penalty.
(a) 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) Be ordered by the court to make restitution to the service
provider not to exceed the value of unauthorized services received.
§61-3-59. Theft of solid waste service.
Notwithstanding any provision of this code to the contrary, a
person who acquires or makes use of solid waste disposal service
fraudulently with or without the knowledge and consent of the
service provider, with the intent to avoid or evade payment of
service, is guilty of a misdemeanor and, upon conviction thereof,
shall:
(1) Be confined in jail not exceeding twelve months, or fined
not exceeding two thousand dollars, or both, in the discretion of the court; and
(2) Be ordered by the court to make restitution to the service
provider not to exceed the value of unauthorized services received.
NOTE: The purpose of this bill is to clarify the criminal
offenses regarding the theft of oil, natural gas, water,
telecommunications, electric and solid waste service; and to
provide penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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