2.  This act, effective for offenses committed on or after December 1, 2013, amends G.S. 14--‐151 (interfering with gas, electric, and water meters or lines) to increase the punishment from a Class 2 misdemeanor to a Class 1 misdemeanor. It makes a second or subsequent violation a Class H felony. A violation that results in “significant property damage” or “public endangerment” (these terms are not defined) is a Class F felony. A violation that results in the death of another is a Class D felony unless the conduct is covered under some other provision providing greater punishment. Makes clear that water meters and connections are covered by the statute. Incorporates in substantial part the provisions of G.S. 14--‐151.1 into G.S. 14--‐151 and repeals G.S. 14--‐151.1.

3.  (a) It shall be unlawful for any person to willfully, with intent to injure or defraud, commit any of the following acts:  (1) Connect a tube, pipe, wire or other instrument or contrivance with a pipe or wire used for conducting or supplying illuminating gas, fuel, natural gas or electricity in such a manner as to supply such gas or electricity to any burner, orifice, lamp or motor where the same is or can be burned or used without passing through the meter or other instrument provided for registering the quantity consumed.

4.  (2) Obstruct, alter, bypass, tamper with, injure or prevent the action of a meter or other instrument used to measure or register the quantity of illuminating fuel, natural gas, water, or electricity passing through such meter by a person other than an employee of the company owning or supplying any gas, water, or electric meter, who willfully shall detach or disconnect such meter, or make or report any test of, or examine for the purpose of testing any meter so detached or disconnected.

5.  (3) In any manner whatever change, extend or alter any service or other pipe, wire or attachment of any kind, connecting with or through which natural or artificial gas or electricity is furnished from the gas mains or pipes of any person, without first procuring from said person written permission to make such change, extension or alterations.

6.  (4) Make any connection or reconnection with the gas mains, water pipes, service pipes or wires of any person, furnishing to consumers natural or artificial gas, water, or electricity, or turn on or off or in any manner interfere with any valve or stopcock or other appliance belonging to such person, and connected with his service or other pipes or wires, or enlarge the orifices of mixers, or use natural gas for heating purposes except through mixers, or electricity for any purpose without first procuring from such person a written permit to turn on or off such stopcock or valve, or to make such connection or reconnections, or to enlarge the orifice of mixers, or to use for heating purposes without mixers, or to interfere with the valves, stopcocks, wires or other appliances of such, as the case may be.

7.  (5) Retain possession of or refuse to deliver any mixer, meter, lamp or other appliance which may be leased or rented by any person, for the purpose of furnishing gas, water, electricity or power through the same, or sell, lend or in any other manner dispose of the same to any person other than such person entitled to the possession of the same.

8.  (6) Set on fire any gas escaping from wells, broken or leaking mains, pipes, valves or other appliances used by any person in conveying gas to consumers, or interfere in any manner with the wells, pipes, mains, gateboxes, valves, stopcocks, wires, cables, conduits or any other appliances, machinery or property of any person engaged in furnishing gas to consumers unless employed by or acting under the authority and direction of such person.

9.  (7) Open or cause to be opened, or reconnect or cause to be reconnected any valve lawfully closed or disconnected by a district steam corporation.  (8) Turn on steam or cause it to be turned on or to reenter any premises when the same has been lawfully stopped from entering such premises.

10.  (9) Reconnect electricity, gas, or water connections or otherwise turn back on one or more of those utilities when they have been lawfully disconnected or turned off by the provider of the utility.

11.  (10) Alter, bypass, interfere with, or cut off any load management device, equipment, or system which has been installed by the electricity supplier for the purpose of limiting the use of electricity at peak-load periods, provided, however, if there has been a written request to remove the load management device, equipment, or system to the electric supplier and the electric supplier has not removed the device within two working days, there shall be no violation of this section.

12.  SECTION 16‑13‑385. Altering, tampering with or bypassing electric, gas or water meters; penalties.   (A) It is unlawful for an unauthorized person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas, or water.

13.  SECTION 16‑13‑390. Cheating producers of electricity.  Misdemeanor – Have a contract and use in violation of contract. – Includes cheating the meter

14.  (b) Any meter or service entrance facility found to have been altered, tampered with, or bypassed in a manner that would cause such meter to inaccurately measure and register the electricity, gas, or water consumed or which would cause the electricity, gas, or water to be diverted from the recording apparatus of the meter shall be prima facie evidence of intent to violate and of the violation of this section by the person in whose name such meter is installed or the person or persons so using or receiving the benefits of such unmetered, unregistered, or diverted electricity, gas, or water.

15.  prima facie evidence of intent to violate and of the violation by  the person in whose name such meter is installed or  the person or persons so using or receiving the benefits of such unmetered, unregistered or diverted electricity, gas or water.

16.  The law is that it is presumed, a prima facie case, a case upon first impression made out, nothing else appearing, that the defendant violated the statute

17.  Shifts burden to Defendant for explanation  Defeats Malicious Prosecution  Probable Cause for search warrant

18.  Person present at the time  Roommate of person on lease  Person on lease  Person in whose name meter installed

19.  Always remember when you look at a potential criminal or civil case that you may one day be looking at twelve strangers and asking them to convict someone or award you damages based on your observations.

20.  N.C. - 1 st Offense Class 1 – 120 Day max  N.C. – 2 nd Offense Class H Felony  N.C. If Significant Property Damage or Public Endangerment – Class F Felony  N.C. – Civil Action $500.00 now $5,000.00 minimum or triple damages and losses  S.C. - 1 st Offense $500.00 fine and 30 Days  S.C. – 2 nd Offense $10,000.00 fine and 3 yrs  S.C. – 3 rd Offense Felony $15,000.00 - 5 yrs

21.  South Carolina also includes increased penalty if done for profit  Increased penalty if property damage in excess of $5,000.00  Increased penalty if great bodily injury or death  Increased penalty if for manufacture controlled substance

22.  Felony  Generally requires law enforcement  Grand Jury  Jury Trial

23.  Effective witness preparation begins when observations are made about which a person will later testify  Time to make an adequate inquiry  Efficient legible notes – Who, what, where, when, why

24.  In all felony cases criminal defendants are entitled to discovery.  Any exculpatory evidence is always discoverable  Any statements by Defendant are discoverable

25.  Never assume law enforcement will prepare your case for you  Ability to retrieve notes  What other witnesses are needed  Who is the records custodian for your company who can testify in court in whose name the services are listed, introduce a payment history and contract

26.  Who will testify for the company that the action was never authorized  Photographs  Chain of custody for items seized  Meet with prosecutor

27.  Narrative v. Question/Answer  You Know What You Saw  How to Show that Knowledge to Trier of Fact  I saw a lighthouse on the coast …

29.  Take Time to Understand the Question asked.  Listen to the entire question.  What assumptions are being made in the question and are they unfounded or just plain wrong

30.  Talk clearly and do not be afraid to state a positive answer to a question.  If you are estimating be clear that is what you are doing. Do not guess.  Be very careful of absolutes in the questions asked and your answers. “Always and never” tend to be followed by questions that show otherwise.

31.  Minimize personality interaction with counsel. Anger, condescension, joking all distract the finder of fact from your credibility.  Use your notes and records and request them if they are needed to answer a question. Review them before you testify.

32.  Language – Using words or phrases that are not understood by the trier of fact can be distracting and confusing.  Use simple everyday words when possible.  If necessary take time to explain industry specific terminology. 

33.  I exited my patrol vehicle and approached the subject vehicle where I encountered the operator, the Defendant.  I got out of my car and went to the car I stopped and saw the Defendant in the drivers seat.

34.  Do not worry about admissions that are true.  You should have spoken to the attorney who called you as a witness in a trial before court.  You should rely on your written records. Your ability to recall what happened was better a year ago than today for an incident that you investigated a year ago.

35.  In a bench trial your audience is the judge. You are not trying to convince the prosecutor or defense attorney but rather the person who will decide the case.  In a jury trial the jury will determine your credibility and decide the facts of the case.

36.  Felony Larceny  Obtaining Property By False Pretenses  Worthless Checks  Identity Theft  Larceny By Employee/ Embezzlement

37.  If any person shall willfully injure, destroy or pull down any telegraph, telephone, cable telecommunications, or electric, power, transmission pedestal or pole, or any … power line, wire or fiber insulator, power supply, transformer, transmission or other apparatus, equipment or fixture used in the transmission of telegraph, telephone, cable telecommunications, or electrical power service or any equipment related to wireless communications regulated by the Federal Communications Commission, that person shall be guilty of a Class I Felony. 14-154