Ala. Pattern Jury Instr. (Criminal) 13A-8-23_BUTILITYTAMPERINGVALUEEXCEEDS500

UTILITY TAMPERING

(Value Exceeds $500)

The defendant is charged with utility tampering.

A person commits the crime of utility tampering if he/she is a tenant, occupant,

or any other person and commits any of the following acts which could, or in fact does,

make gas, electricity, or water unlawfully available to such tenant, occupant, or person,

or to another, and the value of the theft exceeds $500:

[Read as appropriate]

(1) To connect any tube, pipe, wire, or other instrument with any meter, device, or

other instrument used for conducting gas, electricity, or water in such a manner as to

permit the use of said gas, electricity, or water without the same passing through a

meter or other instrument recording the usage for billing;

(2) To alter, injure, turn on, or prevent the action of a meter, valve, stopcock, or other

instrument used for measuring quantities of gas, electricity, or water;

(3) To break, deface, or cause to be broken or defaced any seal, locking device, or

other parts that make up a metering device for recording usage of gas, electricity, or

water or a security system for the recording device;

(4) To remove a metering device for measuring quantities of gas, electricity, or

water;

(5) To transfer from one location to another a metering device for measuring utilities

of gas, electricity, or water;

(6) To use a metering device belonging to the utility that has not been

assigned to the location and installed by the utility;

(7) To adjust the indicated consumption, to jam the measuring device, to bypass the

meter or measuring device with a jumper so that it does not indicate use or registers

incorrectly, or to otherwise obtain quantities of gas, electricity, or water from the utility

without same passing through a metering device for measuring quantities of

consumption for billing;

(8) To fabricate or to use a device to pick or otherwise tamper with the locks used to

deter current diversion, meter tampering, and meter thefts;

(OR)

(9) To otherwise take any action resulting in the diversion or unauthorized use of

gas, electricity, or water.

To convict, the State must prove beyond a reasonable doubt each of the

following elements of utility tampering:

(1) The defendant was a tenant, occupant, or any other person;

(2) The defendant committed any of the following acts which could have,

or in fact did, make gas, electricity, or water unlawfully available to

such tenant, occupant, or person, or to another,

[Read as appropriate]

(a) To connect any tube, pipe, wire, or other instrument with any meter,

device, or other instrument used for conducting gas, electricity, or water in such a

manner as to permit the use of said gas, electricity, or water without the same

passing through a meter or other instrument recording the usage for billing;

(b) To alter, injure, turn on, or prevent the action of a meter, valve,

stopcock, or other instrument used for measuring quantities of gas, electricity, or

water;

(c) To break, deface, or cause to be broken or defaced any seal,

locking device, or other parts that make up a metering device for recording usage

of gas, electricity, or water or a security system for the recording device;

(d) To remove a metering device for measuring quantities of gas,

electricity, or water;

(e) To transfer from one location to another a metering device for

measuring utilities of gas, electricity, or water;

(f) To use a metering device belonging to the utility that has not been

assigned to the location and installed by the utility;

(g) To adjust the indicated consumption, to jam the measuring device,

to bypass the meter or measuring device with a jumper so that it does not indicate

use or registers incorrectly, or to otherwise obtain quantities of gas, electricity, or

water from the utility without same passing through a metering device for measuring

quantities of consumption for billing;

(h) To fabricate or to use a device to pick or otherwise tamper with

the locks used to deter current diversion, meter tampering, and meter thefts;

(OR)

(i) To otherwise take any action resulting in the diversion or

unauthorized use of gas, electricity, or water;

(4) The value of the theft exceeded $500; (AND)

(5) The defendant acted [insert appropriate mens rea element - See

Use Note].

A tenant or occupant shall include any person who occupies the whole or a part

of any building whether alone or with others and shall include the owner. [13A-

823(a)(3)]

A person includes a corporation, firm, company, or association. [13A-

823(a)(2)]

An owner includes any part owner, joint owner, tenant -in-common, joint

tenant, or tenant by the entirety of the whole or part of any building. [13A -

823(a)(1)]

A utility is any public or private utility authorized to provide electricity, natural

gas, or water or any combination thereof for sale to consumers in any particular

service area. [13A-823(a)4)]

Utility services are the products, commodities, and services provided by a utility

to its customers. [13A-823(a)(5)]

Any property on which it is found to have electric, gas, or water utilities

tampered with in violation of this section and capable of receiving gas, electricity, or

water as a result of the use of any method of diversion prohibited herein shall be

prima facie evidence and create against the tenant, occupant, or other person a

presumption of intent to tamper or divert in violation of this section. [13A-823(c)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the above elements of utility tampering, then you shall find the

defendant guilty of utility tampering.

If you find that the State has failed to prove any one or more of the

elements of the offense of utility tampering, then you cannot find the defendant

guilty of utility tampering.

[If lesser-included offenses are included, the Court should instruct on

those offenses at this point.