Arizona Laws 13-3724. Obtaining utility service fraudulently; classification; definitions
A. It is unlawful for any customer or person to intentionally do any of the following:
Terms Used In Arizona Laws 13-3724
- Act: means a bodily movement. See Arizona Laws 13-105
- Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. Make a connection or reconnection with property that is owned or used by a utility to provide utility service without the authorization or consent of the utility.
2. Prevent a utility meter or other device that is used to determine the charge for utility services from accurately performing its measuring function.
3. Tamper with property that is owned or used by a utility.
4. Use, receive or otherwise divert utility services without the authorization or consent of the utility if the customer or person knows or has reason to know of the unlawful diversion, tampering or connection.
5. Divert or cause to be diverted utility services by any means.
B. There is a rebuttable presumption that the customer or person intentionally violated an act specified in this section if any of the following occurs:
1. An instrument, apparatus or device that was installed to obtain utility service without paying the full charge is found attached to the meter or other device that is used to provide the utility service on the premises controlled by the customer or by the person who uses or receives the utility service.
2. A meter was altered, tampered with or bypassed resulting in no measurement or an inaccurate measurement of utility services.
3. The customer, person or owner is an occupant of the premises or has an access to the system for delivery of the service to the premises and receives a benefit from tampered or bypassed equipment.
C. The presumption provided in subsection B shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
D. Obtaining utility service fraudulently is a class 6 felony.
E. For the purposes of this section:
1. "Customer" means the person in whose name a utility service is provided.
2. "Divert" means to change the intended course or path of electricity, gas or water without the authorization or consent of the utility.
3. "Reconnection" means the restoration of utility service to a customer or person after service has been legally disconnected by the utility.
4. "Tamper" means to rearrange, damage, alter, interfere with or otherwise prevent the performance of a normal or customary function, including any of the following:
(a) Connecting any wire, conduit or device to any service, distribution or transmission line that is owned or used by a utility.
(b) Defacing, puncturing, removing, reversing or altering any meter or any connections to secure unauthorized or unmeasured utility service.
(c) Preventing any meter from properly measuring or registering.
(d) Knowingly taking, receiving, using or converting to personal use or the use of another person any utility service without authorization or consent.
(e) Causing, procuring, permitting, aiding or abetting any person to do any of the acts listed in this paragraph.
5. "Utility" means any public service corporation, agricultural improvement district or other person that is engaged in the generation, transmission or delivery of electricity, water or natural gas, including this state or any political subdivision of this state.
6. "Utility service" means the provision of services or commodities by the utility for compensation.