(a) Whoever violates Section 523.01 is guilty of tampering with utility equipment. If the cost of the electricity or water stolen, plus the cost of repair or replacement of the meters, conduits or attachments damaged in violation of Section 523.01(a)(1) or (2) is less than one hundred fifty dollars ($150.00), tampering with utility equipment is a misdemeanor of the first degree. If the cost of the electricity or water stolen, plus the cost of repair or replacement of the meters, conduits or attachments damaged is one hundred fifty dollars ($150.00) or more, or if the offender has previously been convicted of a violation of Section 523.01 and/or 523.02, tampering with utility equipment is a felony of the fourth degree. Whoever violates Section 523.01 and/or 523.02 shall make restitution to the utility for the cost of repair or replacement of the meters, conduits or attachments damaged and for the value of the electricity or water consumed.
(b) Whoever violates Section 523.02 is guilty of theft of utility service. If the value of the electricity or water is less than one hundred fifty dollars ($150.00), theft of utility service is a misdemeanor of the first degree. If the value of the electricity or water is one hundred fifty dollars ($150.00) or more, or if the offender has previously been convicted of a violation of Section 523.02 and/or 523.01, theft of utility service is a felony of the fourth degree. Whoever violates Section 523.02 and/or 523.01 shall make restitution to the utility for the value of the electricity or water consumed in violation of that section.
(Ord. 111-79. Passed 11-5-79.)