Utility Theft and the Law

South Carolina Law

SECTION 7. Section 16-13-385 of the 1976 Code, as last amended by Section 176, Act 184 of 1993, is further amended to read:

A Section 16-13-385. (A) It is unlawful for an unauthorized person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas or water.

A meter found in a condition which would cause electricity, gas or water to be diverted from the recording apparatus of the meter or to cause the meter to inaccurately measure the use of electricity, gas or water or the attachment to a meter or distribution wire of any device, mechanism, or wire which would permit the use of unmetered electricity, gas or water or would cause a meter to inaccurately measure the use is prima facie evidence that the person in whose name the meter was installed or the person for whose benefit electricity, gas or water was diverted caused the electricity, gas or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, gas, or water.

(B) A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be fined no more than ten thousand dollars or imprisoned not more than three years, or both.

Any person who (a) has no contract, agreement, license or permission with or from any person authorized to manufacture, sell or use electricity for the purpose of' light, heat or power or with or from any authorized agent of such person for the use of electrical current belonging to or produced or furnished by any such person and b) shall willfully withdraw or cause to be withdrawn in any manner and appropriate for his own use or for the use of any other person such current from the wires of any such person so authorized to manufacture, sell or use electricity shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days. Any person who shall aid, abet or assist any such person in such withdrawing and appropriating of such current from such wires to or for the use of such other person or to or for the use of any other person shall be guilty of a misdemeanor and shall upon conviction be punished in like manner.

HISTORY: 1962 Code � 24-451; 1952 Code � 24-451; 1942 Code � 1155; 1932 Code � 1155; Cr. C. '22 � 49; Cr. C. '12 � 199; 1904 (24) 409; 1 929 (36) 50.

North Carolina Law

North Carolina Statutes As Applies To Power Theft And Energy Protection.

14-151.1 Interfering with electric, gas or water meters; prima facie evidence of intent to alter, tamper with or bypass electric, gas or water meters; unlawful reconnection of electricity, gas, or water; civil liability.

1. It shall be unlawful for any unauthorized person to alter tamper with or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas water or knowingly to use electricity, gas or water passing through any such tampered meter or use electricity, gas or water bypassing a meter provided by an electric, gas or water supplier for the purpose of measuring the registering the quantity of electricity, gas or water consumed.
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3. Any meter or service entrance facility found to have been altered, tampered with or bypassed in a manner that would cause such meter to inaccurately measure and register the electricity, gas or water consumed or which would cause the electricity, gas or water 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 in whole name such meter is installed or the person or persons so using or receiving the benefits of such unmetered, unregistered or diverted electricity, gas or water.
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(b1) It is unlawful for any unauthorized person to reconnect electricity, gas, or water connectors or otherwise turn back on one or more of those utilities when they have been lawfully disconnected or turned off by the provider of the utility.

(b2) It is unlawful for any unauthorized person to alter, bypass, interfere with, or cut off any load management device, equipment or system which has been installed by the electricity supplier for the purpose of limiting the use of electricity at peak-load periods, provided, however, if there has been a written request to remove the load management device, equipment or system to the electric supplier and the electric supplier has not removed the device within two working days, there shall be no violation of this section.

5. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned not longer than two years, or both fined and imprisoned, in the discretion of the court.
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7. Whoever is found in a civil action to have violated any provision hereof shall be liable to the electric, gas or water supplier in triple the amount of losses and damages sustained or five hundred dollars ($500.00), whichever is greater.
8. Nothing in this section shall be construed to apply to licensed contractors while performing usual and ordinary services in accordance with recognized customs and standards. (1977,c.735, a.1; 1983,c.508, ss. 1,2; 1989,c.119.)

 Effect of Amendments.- The 1989 amendments. – The 1989 amendment, effective October 1, 1989, added subsection (b2).

Practice References.—Brandis on North Carolina Evidence, 3^rd Ed., Henry Brandis. Jr., |215.