                                 CODE OF VIRGINIA

OBTAINING OR ATTEMPTING TO OBTAIN OIL, ELECTRIC, GAS, WATER, TELEPHONE,
TELEGRAPH, CABLE TELEVISION OR ELECTRONIC COMMUNICATION SERVICE WITHOUT PAYMENT;
PENALTY; CIVIL LIABILITY (§ 18.2-187.1)

A. It shall be unlawful for any person knowingly, with the intent to defraud, to
obtain or attempt to obtain, for himself or for another, oil, electric, gas,
water, telephone, telegraph, cable television or electronic communication
service by the use of any false information, or in any case where such service
has been disconnected by the supplier and notice of disconnection has been
given.

B. It shall be unlawful for any person to obtain or attempt to obtain oil,
electric, gas, water, telephone, telegraph, cable television or electronic
communication service by the use of any scheme, device, means or method, or by a
false application for service with intent to avoid payment of lawful charges
therefor.

B1. It shall be unlawful for any person to obtain, or attempt to obtain,
electronic communication service as defined in &#xA7; 18.2-190.1 by the use of
an unlawful electronic communication device as defined in &#xA7; 18.2-190.1.

C. The word &#8220;notice&#8221; as used in subsection A shall be notice given
in writing to the person to whom the service was assigned. The sending of a
notice in writing by registered or certified mail in the United States mail,
duly stamped and addressed to such person at his last known address, requiring
delivery to the addressee only with return receipt requested, and the actual
signing of the receipt for such mail by the addressee, shall be prima facie
evidence that such notice was duly received.

D. Any person who violates any provisions of this section, if the value of
service, credit or benefit procured is $1,000 or more, shall be guilty of a
Class 6 felony; or if the value is less than $1,000, shall be guilty of a Class
1 misdemeanor. In addition, 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.

E. Any party providing oil, electric, gas, water, telephone, telegraph, cable
television or electronic communication service who is aggrieved by a violation
of this section may, in a civil proceeding in any court of competent
jurisdiction, seek both injunctive and equitable relief, and an award of
damages, including attorney fees and costs. In addition to any other remedy
provided by law, the party aggrieved may recover an award of actual damages or
$500, whichever is greater, for each action.

HISTORY: 1978, c. 807; 1981, c. 197; 1992, c. 525; 1993, c. 439; 2002, c. 671;
2003, c. 354; 2018, cc. 764, 765; 2020, cc. 89, 401.