MISSISSIPPI LEGISLATURE
REGULAR SESSION 2009
By:
To:
Senator(s) Stone, Davis (36th)
Judiciary, Division B
SENATE BILL NO. 2015
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AN ACT TO AMEND SECTION 97-25-3, MISSISSIPPI CODE OF 1972, TO
INCREASE THE MAXIMUM CRIMINAL PENALTY WHICH MAY BE IMPOSED FOR THE
CRIME OF TAMPERING WITH ELECTRIC, GAS OR WATER METERS; AND FOR
RELATED PURPOSES.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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SECTION 1.
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amended as follows:
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97-25-3.
Section 97-25-3, Mississippi Code of 1972, is
Whoever, intentionally, by any means or device,
prevents electric current, water or gas from passing through any
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meter or meters belonging to any person, firm or corporation
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engaged in the manufacture, sale or distribution of electricity,
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water or gas for lighting, power or other purposes, furnished such
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persons to register current or electricity, water or gas, passing
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through meters, or intentionally prevents the meter from duly
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registering the quantity of electricity, water or gas supplied, or
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in any manner interferes with its proper action or just
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registration, or, without the consent of such person, firm or
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corporation, intentionally diverts any electrical current from any
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wire or cable, or water or gas from any pipe or main of such
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person, firm or corporation, or otherwise intentionally uses, or
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causes to be used, without the consent of such person, firm or
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corporation, any electricity or gas manufactured, or water
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produced or distributed, by such person, firm or corporation, or
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any person, firm or corporation who retains possession of, or
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refuses to deliver any meter or meters, lamp or lamps, or other
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appliances which may be, or may have been, loaned them by any
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person, firm or corporation for the purpose of furnishing
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electricity, water or gas, through the same, with the intent to
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defraud such person, firm or corporation, shall be guilty of a
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misdemeanor and upon conviction, shall be punished by a fine of
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not less than One Hundred Dollars ($100.00) and not more than Five
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Hundred Dollars ($500.00), or by imprisonment in the county jail
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not more than three (3) months, or by both fine and imprisonment
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in the discretion of the court.
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The presence at any time on or about such meter or meters,
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wire, cable, pipe or main of any device or unauthorized meter or
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pipe or wire resulting in the diversion of electric current, water
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or gas, as above defined, or resulting in the prevention of the
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proper action or just registration of the meter or meters as above
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set forth, the same being knowingly or intentionally installed,
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shall constitute prima facie evidence of knowledge on the part of
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the person, firm or corporation having custody or control of the
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room or place where such device or pipe or wire is located, or the
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existence thereof and the effect thereof, and shall constitute
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prima facie evidence of the intention on the part of such person,
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firm or corporation to defraud and shall bring such person, firm
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or corporation prima facie within the scope, meaning and penalties
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of this section.
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Provided further, that if any person, firm or corporation
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engaged in the selling or delivering of any electric current,
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water or gas, to a consumer shall knowingly cause to be installed
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any meter or meters intentionally adjusted or regulated so as to
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cause such meter or meters to register a greater amount of such
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electric current, water or gas, than actually passes through the
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same, shall be prima facie evidence of the knowledge of such
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person, firm or corporation engaged in selling or delivering such
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electric current, water or gas, of the existence thereof and shall
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bring such person, firm or corporation within the scope and
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meaning of this section, and subject to the operation of this
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section.
Provided further, any employee, stockholder, or member
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of the board of directors who, with intent to defraud a customer,
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falsifies, or acquiesces in the falsifying, of any record which
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results in billing in excess of the amount lawfully due and owing,
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shall be guilty of a misdemeanor and shall be fined not more than
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Five Hundred Dollars ($500.00) or sentenced to serve not more than
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six (6) months in jail, or both.
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Provided further, this section shall not relieve any person,
firm or corporation from any other liabilities now imposed by law.
The governing authorities of any municipality are authorized
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to prosecute any violation of this section which is committed upon
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meters owned or operated by a utility which is owned or operated
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by a municipality.
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SECTION 2.
This act shall take effect and be in force from
and after July 1, 2009.
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ST: Tampering with electric, gas or water
meters; increase criminal penalty.