18.2-163 - Tampering with metering device; diverting service; civil liability.
§ 18.2-163. Tampering with metering device; diverting service; civilliability.
A. Any person who (i) tampers with any metering device incident to thefacilities set forth in § 18.2-162, or otherwise intentionally prevents sucha metering device from properly registering the degree, amount or quantity ofservice supplied, or (ii) diverts such service, except telephonic orelectronic extension service not owned or controlled by any such companywithout authorization from the owner of the facility furnishing the serviceto the public, shall be guilty of a Class 1 misdemeanor.
B. The presence of any metering device found to have been altered, tamperedwith, or bypassed in a manner that would cause the metering device toinaccurately measure and register the degree, amount or quantity of servicesupplied or which would cause the service to be diverted from the recordingapparatus of the meter shall be prima facie evidence of intent to violate andof the violation of this section by the person to whose benefit it is thatsuch service be unmetered, unregistered or diverted.
C. The court may order restitution for the value of the services unlawfullyused and for all costs. Such costs shall be limited to actual expenses,including the base wages of employees acting as witnesses for theCommonwealth, and suit costs. However, the total amount of allowable costsgranted hereunder shall not exceed $250, excluding the value of the service.
(Code 1950, § 18.1-158.1; 1966, c. 446; 1975, cc. 14, 15; 1976, c. 273; 1978,c. 813; 1992, c. 525.)