Criminal Penalties for Water Meter Tampering

by Lisa C. Silveira

Retail public water utilities should be aware of their options if a customer tampers with their water utility meter. Not only does water meter tampering violate utility regulations, such action can also result in criminal charges, fines, and penalties.

Upon disconnection of service, a customer may retaliate by tampering with their water meter to reconnect service. This could be done by using physical tools like removing a lock placed on a water meter, connecting a hose or pipe to the waterline, or by interfering with modern smart meters and electronic devices. Despite administrative warnings and fines for these types of actions, retail public water utilities may consider other options to prevent their waterlines from being harmed. Individuals may face criminal liability if the utility decides to file a criminal complaint.

Local government jurisdictions with criminal enforcement authority, as well as state criminal statutes, may be implicated in these situations. It is important to review city ordinances where the location of the service and meter tampering falls since these may govern criminal penalties for specific actions. If no ordinance

exists, state law for applicable criminal violations may also apply including criminal mischief or theft.

State law defines criminal mischief as intentionally or knowingly damaging or destroying the tangible property of the owner, or intentionally or knowingly tampering with the tangible property of the owner, and causing pecuniary loss or substantial inconvenience to the owner or a third person. Tex. Penal Code § 28.03(a). A person who is receiving the economic benefit of public water has knowingly tampered with the tangible property of the owner if the supply has been (1) diverted from passing through a metering device; (2) prevented from being correctly registered by metering device; or (3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device. Tex. Penal Code § 28.03(c). This offense is a Class A misdemeanor if the individual caused impairment or interruption of any public water supply, or caused to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss. Tex. Penal Code § 28.03(b).

It is considered theft if a person unlawfully appropriates property with the intent to deprive the owner of property. Tex. Penal Code § 31.03(a). Unlawful appropriation of property includes without the owner’s consent or stolen property. Tex. Penal Code § 31.03(b). Under Tex. Penal Code § 31.04, a person commits theft of service if, with intent to avoid payment for a service the person knows is provided only for compensation, the person intentionally or knowingly diverts another’s services to the person’s own benefit when the person is not entitled to those services. Tex. Penal Code § 31.03(a)(2); see also Ainsworth v. State, 2020 Tex. App. LEXIS 8361, *5 (Tex. App.—Waco Oct. 21, 2020, pet. ref’d) (mem. op.). “Service” under these sections includes public utility services, so these statutes are applicable to services by a retail public water utility. Tex. Penal Code § 31.01(6). These offenses are Class B misdemeanors if the value of the property stolen is $100 or more but less than $750, or Class A misdemeanors if the value of the property stolen is $750 or more but less than $2,500. Tex. Penal Code § 31.03(e).

An individual guilty of a Class A misdemeanor is punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. Tex. Penal Code § 12.21. An individual guilty of a Class B misdemeanor is punished by (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.

The Texas Appellate Court in Waco has applied these statutes to meter tampering issues. In Lockwood v. State, the court affirmed Lockwood’s conviction of criminal mischief for damaging a city water meter and punishment of 270 days confinement and a $1,000 fine. Lockwood v. State, 237 S.W.3d 428, 430 (Tex. App.—Waco Sep. 19, 2007, no pet.). Lockwood received water service from the City but was later cut off due to non-payment. Id. The City found someone had bypassed the meter and tapped into the city water supply with a water hose providing water to Lockwood’s home, and later through a pipe to connect the water service line to Lockwood’s home. Id. The court affirmed that Lockwood acted knowingly, including evidence that he controlled the premises, evidence of motive, evidence that the hose unlawfully connected to his water system was plainly visible, and evidence that his house had received public water via unlawful connections on at least two occasions. Id. at 434.

Similarly, in Ainsworth v. State, Ainsworth illegally tapped into a waterline of the Twin Creek Water Supply Corporation and stole water for a period of time. Ainsworth v. State, 2020 Tex. App. LEXIS 8361, *1 (Tex. App.—Waco Oct. 21, 2020, pet. ref’d) (mem. op.). The court affirmed Ainsworth’s conviction for theft of services under Tex. Penal Code § 31.04(a)(2) and criminal mischief under Tex. Penal Code § 28.03(a)(1) for intentionally and knowingly damaging and destroying tangible property, including water pipes, by connecting pipes, and intentionally and knowingly causing to be diverted, in whole or in part, public water supply by connecting the water supply to his home. Id. at *7.

Individuals can face fines or criminal penalties for meter tampering and unauthorized access to retail public water utility’s waterline, including Class A or Class B misdemeanors. It is important for utilities to monitor their services for abnormalities that may be a result of meter tampering.

Lisa Silveira is an Associate in the Firm’s Districts and Water Practice Groups. If you have questions or would like additional information related to this article or other matters, please contact Lisa at 512.322.5880 or lsilveira@lglawfirm.com.