[§708-839.5] Theft of utility services. (1) For purposes of this section:
"Customer" means the person in whose name the utility service is provided.
"Divert" means to change the intended course or path of utility services without the authorization or consent of the utility.
"Person" means any individual, partnership, firm, association, corporation, or other legal entity.
"Reconnection" means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility.
"Utility" means any public utility as defined in section 269-1, that provides electricity, gas, or water services.
"Utility service" means the provision of electricity, gas, water, or any other service provided by the utility for compensation.
(2) A person commits the offense of theft of utility services if the person, with intent to obtain utility services for the person's own or another's use without paying the full lawful charge therefor, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following:
(3) In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer, or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section, shall create a rebuttable presumption that the customer or person intended to and did violate this section:
(4) A person commits the offense of theft of utility services in the first degree in cases where the theft:
Theft of utility services in the first degree is a class C felony, and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or two times the value of the theft, whichever is greater.
(5) A person commits theft of utility services in the second degree if the person commits theft of utility services other than as provided in subsection (4). Theft of utility services in the second degree is a misdemeanor and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of $500, with an increase of $500 for each succeeding conviction under this subsection. [L 1996, c 256, §2; am L 2016, c 231, §41]