Virginia Code

Va. Code Ann. § 18.2-163 (2026)

Tampering with metering device; diverting service; civil liability

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A. Any person who (i) tampers with any metering device incident to the facilities set forth in § 18.2-162, or otherwise intentionally prevents such a metering device from properly registering the degree, amount or quantity of service supplied, or (ii) diverts such service, except telephonic or electronic extension service not owned or controlled by any such company without authorization from the owner of the facility furnishing the service to the public, shall be guilty of a Class 1 misdemeanor.

B. The presence of any metering device found to have been altered, tampered with, or bypassed in a manner that would cause the metering device to inaccurately measure and register the degree, amount or quantity of service supplied or which would cause the service to be diverted from the recording apparatus of the meter shall be prima facie evidence of intent to violate and of the violation of this section by the person to whose benefit it is that such service be unmetered, unregistered or diverted.

C. The court may order restitution for the value of the services unlawfully used and for all costs. Such costs shall be limited to actual expenses, including the base wages of employees acting as witnesses for the Commonwealth, and suit costs. However, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the value of the service.

Code 1950, § 18.1-158.1; 1966, c. 446; 1975, cc. 14, 15; 1976, c. 273; 1978, c. 813; 1992, c. 525.

Notes of Decisions
Cited in 3 cases, 1979–2006 · leading case: Dominion Virginia Power v. Robinson (In Re Robinson), 340 B.R. 316 (Bankr. E.D. Va. 2006).
Dominion Virginia Power v. Robinson (In Re Robinson), 340 B.R. 316 (Bankr. E.D. Va. 2006). · cites it 7× “Va.Code § 18.2-163 (2005). Robinson admits that he received a benefit from the energy usage; however, he argues through counsel that the mere fact that he benefítted does not mean he is guilty of tampering with the meter.”
Cox v. Commonwealth, 255 S.E.2d 462 (Va. 1979). · cites it 4× “Whether defendant’s conviction can be upheld depends upon the proper interpretation of Code § 18.2-163, which read as follows: “Tampering with metering device; diverting service.”
Meade v. Appalachian Power Co., 11 Va. Cir. 235 (Washington Cir. Ct. 1988). · cites it 2× “The plaintiff contends that he was discharged for alleged theft of electrical energy; that section 18.2-163 of the Code makes the theft of electrical energy a crime; that this creates a public policy of the Commonwealth; that he was discharged by the defendant for violating this…”
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