Bill Text: NC S634 | 2013-2014 | Regular Session | Chaptered
Bill Title: Increase Penalties/Utilities Theft
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-12 - Ch. SL 2013-88 [S634 Detail]
Download: North_Carolina-2013-S634-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-88
SENATE BILL 634
AN ACT to increase the criminal penalties for interference with gas, water, or electric lines.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑151 reads as rewritten:
"§
14‑151. Interfering with gas, electric and steam appliances.appliances
or meters; penalties.
(a) If It
shall be unlawful for any person shall to willfully, with
intent to injure or defraud, commit any of the following acts acts:set
forth in the following subdivisions, he shall be guilty of a Class 2
misdemeanor:
(1) Connect a tube, pipe,
wire or other instrument or contrivance with a pipe or wire used for conducting
or supplying illuminating gas, fuel, natural gas or electricity in such a
manner as to supply such gas or electricity to any burner, orifice, lamp or
motor where the same is or can be burned or used without passing through the
meter or other instrument provided for registering the quantity consumed;
or,consumed.
(2) Obstruct, alter, bypass,
tamper with, injure or prevent the action of a meter or other instrument
used to measure or register the quantity of illuminating fuel, natural gas gas,
water, or electricity passing through such meter consumed in a
house or apartment, or at an orifice or burner, lamp or motor, or by a consumer
or by a other person other than an employee of the company
owning or supplying any gas gas, water, or electric meter,
who willfully shall detach or disconnect such meter, or make or report any test
of, or examine for the purpose of testing any meter so detached or disconnected;
or,disconnected.
(3) In any manner whatever
change, extend or alter any service or other pipe, wire or attachment of any
kind, connecting with or through which natural or artificial gas or electricity
is furnished from the gas mains or pipes of any person, without first procuring
from said person written permission to make such change, extension or alterations;
or,alterations.
(4) Make any connection or
reconnection with the gas mains, water pipes, service pipes or wires of
any person, furnishing to consumers natural or artificial gas gas,
water, or electricity, or turn on or off or in any manner interfere with
any valve or stopcock or other appliance belonging to such person, and
connected with his service or other pipes or wires, or enlarge the orifices of
mixers, or use natural gas for heating purposes except through mixers, or
electricity for any purpose without first procuring from such person a written
permit to turn on or off such stopcock or valve, or to make such connection or
reconnections, or to enlarge the orifice of mixers, or to use for heating
purposes without mixers, or to interfere with the valves, stopcocks, wires or
other appliances of such, as the case may be; or,be.
(5) Retain possession of or
refuse to deliver any mixer, meter, lamp or other appliance which may be leased
or rented by any person, for the purpose of furnishing gas, water,
electricity or power through the same, or sell, lend or in any other manner
dispose of the same to any person other than such person entitled to the
possession of the same; or,same.
(6) Set on fire any gas
escaping from wells, broken or leaking mains, pipes, valves or other appliances
used by any person in conveying gas to consumers, or interfere in any manner
with the wells, pipes, mains, gateboxes, valves, stopcocks, wires, cables,
conduits or any other appliances, machinery or property of any person engaged
in furnishing gas to consumers unless employed by or acting under the authority
and direction of such person; or,person.
(7) Open or cause to be
opened, or reconnect or cause to be reconnected any valve lawfully closed or
disconnected by a district steam corporation; orcorporation.
(8) Turn on steam or cause it to be turned on or to reenter any premises when the same has been lawfully stopped from entering such premises.
(9) Reconnect electricity, gas, or water connections 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.
(10) 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.
(b) 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 whose 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.
(c) For the purposes of this section, the term "gas" shall mean all types and forms of gas, including, but not limited to, natural gas.
(d) Criminal violations of this section shall be punishable as follows:
(1) A violation of this section is a Class 1 misdemeanor.
(2) A second or subsequent violation of this section is a Class H felony.
(3) A violation of this section that results in significant property damage or public endangerment is a Class F felony.
(4) Unless the conduct is covered under some other provision of law providing greater punishment, a violation that results in the death of another is a Class D felony.
(e) Whoever is found
in a civil action to have violated any provision hereof of this
section shall be liable to the electric, gas or water supplier in triple
the amount of losses and damages sustained or five hundred thousand dollars
($500.00),($5,000), whichever is greater.
(f) 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."
SECTION 2. G.S. 14‑151.1 is repealed.
SECTION 3. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 6th day of June, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:27 p.m. this 12th day of June, 2013
