Penal Code Section 498 - Unauthorized Diversion, Tampering With, Connection, Reconnection, or Use of Utility Services

In California, stealing power, water, gas, or other resources from the utility company is a crime. Under California Penal Code section 498, unauthorized diversion, tampering with, connection, reconnection, or use of utility services is illegal. Depending on the circumstances, specifically, the alleged monetary value of the utility services taken or whether the person accused has a prior conviction for the same offense, California Penal Code section 498 can be charged as a misdemeanor or felony. A conviction for such an offense could have wide ranging negative consequences, including hefty fines and fees, custody time, and collateral consequences, such as potential immigration consequences, and the suspension or revocation of professional licensing.

California Penal Code section 498 outlines five different scenarios which constitute the crime of unauthorized diversion, tampering with, connection, reconnection, or use of utility services. To be found guilty of California Penal Code section 498, unauthorized diversion, tampering with, connection, reconnection, or use of utility services, the prosecution must prove beyond a reasonable doubt that:

Scenario One:

The defendant diverted or caused to be diverted utility services by any means whatsoever.

Scenario Two:

The defendant prevented a utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.

Scenario Three:

The defendant made or caused to be made a connection with or reconnection with property owned by or used by a utility to provide utility services without the authorization or consent of the utility.

Scenario Four:

The defendant used or received direct benefit of all or a portion of utility services with a diverted, tampered, or unauthorized connection.

Scenario Five:

The defendant used or received direct benefit of all or a portion of utility services without the authorization consent of the utility.

California Penal Code section 498 can be charged as a felony if the person accused is alleged to have taken more than nine hundred and fifty ($950) or has previously been convicted of this crime. Specifically, subsection (d) of Penal Code section 498 provides that “If the value of all utility services obtained in violation of this section totals more than nine hundred and fifty dollars ($950) or if the defendant has previously been convicted of an offense under this section or any former section which would be an offense under this section, or of an offense under the laws of another state or of the United States which would have been an offense under this section if committed in this state, then the violation in a county jail for not more than one year, or in the state prison.”

If charged as a felony, California Penal Code section 498 can be punishable by a term of imprisonment of 16 months, 2 years, or 3 years. If charged as a misdemeanor, California Penal Code section 498 can be punished by a jail term not to exceed 364 days. In both circumstances, a conviction could result in fines and fees, probation, and other terms and conditions.

An allegation of California Penal Code section 498, unauthorized diversion, tampering with, connection, reconnection, or use of utility services, is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for the unauthorized diversion, tampering with, connection, reconnection, or use of utility services, or other theft crimes in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of felony and misdemeanor theft offenses.

For more information about California Penal Code section 498 or other theft crimes, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.