21-3704. Theft of services.
21-3704
21-3704. Theft of services.(a) Theft of services is obtaining services from another by deception, threat,coercion, stealth, tampering or use of false token or device.
(b) "Services" within the meaning of this section, includes, but is notlimited to, labor, professional service, cable television service, public ormunicipal utility or transportation service, telephone service, lodging,entertainment and the supplying of equipment for use.For purposes of thissection, rural water districts and rural electric cooperatives shall beconsidered public utilities.
(c) "Tampering" within the meaning of this section, includes, but is notlimited to:
(1) Making a connection of any wire, conduit or device, to any service ortransmission line owned by a public or municipal utility, or by a cabletelevision service provider;
(2) defacing, puncturing, removing, reversing or altering any meter orany connections, for the purpose of securing unauthorized or unmeasuredelectricity, natural gas, water, telephone service or cable televisionservice;
(3) preventing any such meters from properly measuring or registering;
(4) knowingly taking, receiving, using or converting to such person's ownuse, or the use of another, any electricity, water or natural gas whichhas not been measured; or any telephone or cable television service which hasnot been authorized; or
(5) causing, procuring, permitting, aiding or abetting any person to do anyof the preceding acts.
(d) In any prosecution under this section, the existence of any of theconnections of meters, alterations or use of unauthorized or unmeasuredelectricity, natural gas, water, telephone service or cable televisionservice, specified in subsection (c), shall be prima facie evidence of intentto violate the provisions of this section by the person or persons using orreceiving the direct benefits from the use of the electricity, natural gas,water, telephone service or cable television service passing throughsuch connections or meters, or using the electricity, natural gas,water, telephone service or cable television service which has not beenauthorized or measured.
(e) (1) Theft of services of the value of $100,000 or more is a severitylevel 5, nonperson felony.
(2) Theft of services of the value of at least $25,000 but less than $100,000is a severity level 7, nonperson felony.
(3) Theft of services of the value of at least $1,000 but less than $25,000is a severity level 9, nonperson felony.
(4) Theft of services of the value of less than $1,000 is a class Anonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3704;L. 1978, ch. 120, § 30;L. 1984, ch. 119, § 3;L. 1988, ch. 113, § 1;L. 1992, ch. 298, § 41;L. 1993, ch. 291, § 66;L. 1994, ch. 291, § 27;L. 2004, ch. 175, § 2;L. 2006, ch. 24, § 1; July 1.