§ 38-30. Injury or interference with public utility service.

(a)

Enumeration of unlawful acts. A person shall not do any of the following:

(1)

Willfully or fraudulently injure, or fraudulently allow to be injured, a meter, wire, line, pipe or appliance belonging to a water, sewer, electric, or gas company, propane gas dealer or distributor or any meter, wire, line, pipe or appliance belonging to municipal utility companies or municipalities, including specifically all such meters, wires, lines, pipes and appliances.

(2)

Willfully or fraudulently prevent a water, sewer, electric, gas or propane gas meter belonging to a water, sewer, electric or gas company, or propane gas dealer or distributor, including such meters owned or operated by the city, duly registering the quantity of water, sewer, electric current, gas or propane gas measured through the meter, or in any way hinder or interfere with the meter's proper action or just registration.

(3)

Attach a line, wire or pipe to a line, wire, pipe or main belonging to a water, sewer, electric or gas company, or propane gas dealer or distributor, or the city. This subsection does not apply to the use of a ground wire to ground an electrical system.

(4)

Willfully or fraudulently interfere with a pressure regulator device on a propane gas tank or incorporated into a propane gas system.

(5)

Use or burn, or cause to be used or burned, any water, electric current, gas or propane gas supplied by a water, sewer, electric or gas company, or propane gas dealer or distributor, or the city, without the written consent of the company or the propane gas dealer or distributor, or the city, or the authorized agent of the company or propane gas dealer, distributor or the city, unless the water, sewer, electric current, gas or propane gas passes through a meter or is measured by a meter set by the company or the propane gas dealer or distributor or the city; fraudulently use the water, sewer, electric current, gas or propane gas; or fraudulently waste the water, sewer, electric current, gas or propane gas supplied by a water, sewer, electric or gas company, or propane gas dealer or distributor, or the city.

(b)

Right of compensation and damages by civil action. A criminal prosecution under this section shall not in any way impair the right of the company, propane gas dealer, distributor or the city to full compensation and damages by civil action.

(c)

Application of section. The provisions of this section shall extend and apply to all offenses against all water, sewer, electric or gas companies, or propane gas dealers or distributors, or the city, and boards or municipalities owning or operating plants for producing, manufacturing, furnishing, transmitting or conducting water, sewer, electricity or gas, either natural, liquefied or artificial.

(d)

Presumption of intent to avoid payment. A person who attaches any line, wire or pipe or any other device or process to any line, wire or pipe of a water, sewer, electric or gas company, or propane gas dealer or distributor which interferes with the proper operation and just registration of a meter within the meaning of this section, or who interferes with a pressure regulator device on a propane gas tank or incorporated into a propane gas system, is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved.

(e)

Evidence of violation. In all prosecutions under this section, proof that the defendant other than a lessor had control of or occupied the premises where the offense was committed, or received the benefit of the water, sewer, electric current, gas or propane gas used or consumed shall be prima facie evidence of a violation of this section.

(f)

Violation of section; misdemeanor. A person who violates this section is guilty of a misdemeanor if the value of the water, sewer, electric current, gas or propane gas used, burned or wasted, or the damage caused as a result of this violation, is not more than $500.00.

State law reference

Destruction or tampering with utility equipment or appurtenances, MCL 750.383a, MSA 28.615(1).