Saturday, March 09, 2019 11:48:01 AM
A: The California Penal Code states tamper “means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function.” With respect to the provision of an utility, it is a misdemeanor to do (1) specified acts with the intent to obtain utility services without paying the full charge, or with the intent to enable another person to do so, or with the intent to deprive any utility of its full lawful charges for utility services. (2)
Those specified and prohibited acts include (1) diversion of utility services, (2) preventing any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means, (3) tampering with any property owned by or used by the utility to provide utility services, and (4) connecting or reconnecting with property owned or used by the utility to provide utility services without the authorization or consent of the utility.(3)
So, tampering is a misdemeanor crime which requires the specific intent to get the utility service for a lower cost than that charged by, among other things, preventing the utility meter from accurately measuring use by some means.
(1)§ 498, subd. (a)(6).
(2) Id., subd. (b); 18A Cal. Jur. 3d Criminal Law: Crimes Against Property
(August 2011), § 192.
(3) Ibid.
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