TITLE 16 CRIMES AND OFFENSES

Section 7. Damage to and Intrusion upon Property, 16-7-1 through 16-7-97.

ARTICLE 2 CRIMINAL TRESPASS AND DAMAGE TO PROPERTY

16-7-25. Damaging, injuring, or interfering with property of public utility companies, municipalities, or political subdivisions.

It shall be unlawful for any person intentionally and without authority to injure or destroy any meter, pipe, conduit, wire, line, post, lamp, or other apparatus belonging to a company, municipality, or political subdivision engaged in the manufacture or sale of electricity, gas, water, telephone, or other public services; intentionally and without authority to prevent a meter from properly registering the quantity of such service supplied; in any way to interfere with the proper action of such company, municipality, or political subdivision; intentionally to divert any services of such company, municipality, or political subdivision; or otherwise intentionally and without authority to use or cause to be used, without the consent of the company, municipality, or political subdivision, any service manufactured, sold, or distributed by the company, municipality, or political subdivision.
Where there is no evidence to the contrary, the person performing any of the illegal acts set forth in subsection (a) of this Code section and the person who with knowledge of such violation receives the benefit of such service without proper charge as a result of the improper action shall be presumed to be responsible for the act of tampering or diversion.
This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
Any person who violates this Code section shall be guilty of a misdemeanor.

(Ga. L. 1897, p. 69, § 1; Penal Code 1910, § 783; Ga. L. 1916, p. 153, § 1; Code 1933, §§ 26-3801, 26-3802; Ga. L. 1957, p. 490, §§ 1-5; Code 1933, § 26-1507, enacted by Ga. L. 1976, p. 773, § 1; Ga. L. 1978, p. 1658, § 1.)

Law reviews.

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001).

JUDICIAL DECISIONS

Primary purpose of O.C.G.A. § 16-7-25, while the statute includes destruction of an electrical meter belonging to a municipality, is to prohibit or inhibit causing of damage to a meter which is directly related to efforts to modify proper registering of amount of service, or unlawfully obtaining, diverting, or tampering with services or equipment (i.e., theft of public utility services). Kitchens v. State, 159 Ga. App. 94, 282 S.E.2d 730 (1981).

Separate offenses in multicount indictment.

- When the averments of each count of a multicount indictment for meter tampering refer to a different period of time, the specific period of time is made an essential averment of each transaction, and each count of the indictment is distinguishable and constitutes a separate offense. Hamilton v. State, 167 Ga. App. 370, 306 S.E.2d 673 (1983).

Cited in Dougherty v. State, 145 Ga. App. 718, 244 S.E.2d 638 (1978); O'Bear v. State, 156 Ga. App. 100, 274 S.E.2d 54 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Malicious Mischief and Related Offenses, § 11 et seq. 74 Am. Jur. 2d, Telecommunications, § 195 et seq.

C.J.S.

- 29 C.J.S., Electricity, § 137. 86 C.J.S., Telecommunications, § 188.

ALR.

- Liability of one other than electric power or light company or its employee for interruption, failure, or inadequacy of electric power, 15 A.L.R.4th 1148.

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