Utilizing a device or scheme to avoid being assessed for the full amount of services received from a utility or cable television service provider: Elements
• A customer who utilizes any device or scheme to avoid being assessed for the full amount of services received from a utility or a cable TV service provider commits a Class B infraction.
Utilizing a device or scheme to avoid being assessed for the full amount of services received from a utility or cable television service provider: Evidence
• Evidence that a customer's metering device has been altered, removed, or bypassed without the knowledge of or notification to the utility is prima facie evidence that the customer has utilized a device or scheme to avoid being assessed for the full amount of services received from the utility.
• Evidence that access to services of a utility or a cable TV service provider has been obtained without authority from the utility or the cable TV service provider constitutes prima facie evidence that the person benefiting from the access has utilized a device or scheme to avoid being assessed for the full amount of services received from the utility or the cable TV service provider.
Utilizing a device or scheme to avoid being assessed for the full amount of services received from a utility or cable television service provider: Definition of “customer”
• “Customer” means a person who receives or has contracted for a utility service.
Utilizing a device or scheme to avoid being assessed for the full amount of services received from a utility or cable television service provider: Definition of “metering device”
• “Metering device” means a mechanism or system used by a utility to measure or record the quantity of services received by a customer.
Utilizing a device or scheme to avoid being assessed for the full amount of services received from a utility or cable television service provider: Not a lesser included offense of theft
• [U]tility fraud is not a factually included lesser offense of theft . . . .
Dixey v. State, 956 N.E.2d 776, 781 (Ind. Ct. App. 2011), trans. denied
Sale of a kit or device for the unauthorized use of cable television system services: Elements
• A person who manufactures, distributes, sells, leases, or offers for sale or lease:
(1) a device; or
(2) a kit of parts to construct a device;
designed in whole or in part to intercept, unscramble, or decode a transmission by a cable television system with the intent that the device or kit be used to obtain cable television system services without full payment to the cable television system commits a Level 6 felony.
Sale of a kit or device for the unauthorized use of cable television system services: Evidence
• The sale or distribution by a person of:
(1) any device; or
(2) a kit of parts to construct a device;
described in [IC 35-43-5-6.5(a)] constitutes prima facie evidence of a violation of [IC 35-43-5-6.5(a)] if, before or at the time of sale or distribution, the person advertised or indicated that the device or the assembled kit will enable a person to receive cable television system service without making full payment to the cable television system.
Definition of “utility”
• “Utility” means a person who owns or operates, for public use, any plant, equipment, property, franchise, or license for the production, storage, transmission, sale, or delivery of electricity, water, steam, telecommunications, information, or gas.