Oklahoma § 76-23 - Public utilities - Definitions - Fraud - Penalties - Civil

§ 76-23. Public utilities - Definitions - Fraud - Penalties - Civil

liability - Exemptions.

A. As used in this section:

1. "Utility" means any person, firm, corporation, district or

association, whether private, municipal, body politic or

cooperative, which is engaged in the sale, generation, distribution

or delivery of electricity, water or gas;

2. "Person" means any individual, firm, partnership,

corporation or association; and

3. "Utility service" means the furnishing, sale, generation,

distribution or delivery of electricity, water or gas by a utility

as defined herein.

B. It shall be unlawful for any person, with intent to defraud

a utility, to:

1. Alter, tamper with, injure or knowingly allow the altering,

tampering with or injuring of any pipeline, line, wire, conduit,

conductor, meter, meter seal, transformer or other equipment used by

a utility to deliver or register service;

2. Prevent any installed metering device from registering

correctly the quantity of service passing through such metering

device;

3. Make or cause to be made any connection between any

pipeline, lines, wires, conduits, conductors, meters, transformers

or other equipment in such manner as to prevent the correct

registration of service by any metering device, or to otherwise use

electricity without the consent of the utility; or

4. Supply or cause to be supplied any utility service to any

person without such service first passing through the metering

device provided by the utility for measuring and registering the

quantity of service.

C. Any person who is convicted of violating the provisions of

subsection B of this section shall be guilty of a misdemeanor

punishable by payment of a fine of not more than One Thousand

Dollars ($1,000.00), or by imprisonment in the county jail for a

Oklahoma Statutes - Title 76. Torts

period not to exceed six (6) months, or by such fine and

imprisonment.

D. If a civil action is brought by a utility against a person,

said person may post a bond, cash or other security with the utility

in an amount equal to the value of the service alleged to be

unlawfully used or diverted. Upon posting of said bond or cash, and

until final disposition of the case, the utility shall restore to

said person any service which it may have terminated.

E. Nothing in this section shall be construed to apply to

licensed and certified contractors while performing usual and

ordinary service in accordance with recognized standards.

F. This section shall not be construed as repealing any laws of

the state relating to the powers, duties or jurisdiction of the

Oklahoma Corporation Commission, but shall be held as auxiliary and

supplementary thereto.

Added by Laws 1978, c. 89, § 1, emerg. eff. March 28, 1978.