Delaware General Assembly

CHAPTER 227

FORMERLY

SENATE BILL NO. 327

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5, PART I, TITLE 11 OF THE DELAWARE CODE RELATING TO THE THEFT OF SERVICES FROM A PUBLIC UTILITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §485, Chapter 5, Part I, Title 11 of the Delaware Code, by re-designating the first paragraph of said section as new subsection (a).

Section 2. Amend §485, Chapter 5, Title 11 of the Delaware Code by striking the second paragraph of said section and substituting in lieu thereof the following:

"(b) In any prosecution for theft of services where services have been obtained from a public utility by the installation of, rearrangement of or tampering with any facility or equipment owned or used by the public utility to provide such services, without the consent or permission of the public utility, or by any other trick or contrivance, it shall be a rebuttable presumption that the person to whom the services are being furnished has created,

caused or knows of the condition which is a violation of this section.

(c) A person who has obtained services from a public utility by installing, rearranging or tampering with any facility or equipment owned or used by the public utility to provide such services, or by any other trick or contrivance is presumed to have done so with an intent to avoid, or to enable others to avoid, payment for the services involved.

(d) The rebuttable presumptions referred to in subparagraphs (b) and (c) of this section shall not apply to any person to whom such services have been furnished for less than 31 days or until there has been at least one meter reading."

Approved February 24, 1978.