Theft of Utility in Illinois: What You Need to Know
Utility theft – obtaining services like electricity, gas, cable TV or water without paying for them – is illegal in Illinois. The specific law dealing with this is 720 ILCS 5/16-14, also called the Theft of Utility Services law. This article will break down what’s covered under this law, penalties for breaking it, and things to keep in mind if accused of utility theft.
What Does the Law Say?
The Theft of Utility Services law in Illinois says that it’s illegal to:
- Use any device to get utility services without paying – this includes things like rigging up illegal wiring to bypass a meter.
- Tamper with utility equipment – like meters, pipes, cables – to avoid being charged for services.
- Make any connection to utility equipment without authorization – for example tapping into a neighbor’s cable line.
- Prevent any utility meter from showing correct usage – like putting a magnet on an electric meter to slow it down.
- Knowingly use utility services that were obtained illegally. If you move into a place and the previous tenant rigged up illegal wiring, using that wiring would be considered theft of services.
- Advertise or sell products to help people steal utilities. This includes promoting ways to bypass meters or providing devices designed for that purpose.
Basically the law covers any unauthorized use of gas, electricity, water, cable TV, phone service, etc. where the proper provider isn’t getting paid. It’s considered theft, just like shoplifting products from a store.
What Are the Penalties?
Utility theft is prosecuted as a Class A misdemeanor in Illinois for a first offense. This can mean:
- Up to 1 year in jail
- Fines up to $2,500
If there are aggravating factors, like the theft was done for financial gain or to tamper with infrastructure, it may become a Class 4 felony. Felony charges can include:
- 1-3 years in prison
- Fines up to $25,000
Restitution will also be required to repay the stolen services. And a record of utility theft can hurt credit, rental, and job applications in the future. Subsequent offenses come with harsher penalties too.
What Should I Do If Accused of Utility Theft?
If a utility company accuses you of stealing services, don’t panic. Here are some tips:
- Don’t admit guilt or make any statements. You have the right to remain silent. Anything you say can be used against you.
- Take photos of any equipment, meters, pipes, etc. involved to document their current state. This can help fight tampering accusations.
- Get a lawyer. An experienced criminal defense attorney can evaluate the evidence against you and build the strongest case. They may be able to negotiate reduced charges or even get the case dismissed.
- Request records that show when the alleged theft happened and how the company calculated the charges. Look for any flaws or assumptions in their process.
- If there’s evidence the meter or piping was rigged by someone else, gather proof. For example, if you just moved in and the previous tenant had illegal wiring, show your move-in date.
- Ask for a diversion program or payment plan if applicable. This may allow charges to be dropped if you complete probation and repay costs.
With the right legal guidance, even utility theft accusations can often be mitigated or defeated. Don’t hesitate to exercise your rights and put up the best defense possible.
A Few Things to Keep in Mind
While utility theft sounds tempting when bills are tight, it’s important to remember:
- The risks outweigh potential savings. The fines, jail time, and criminal record aren’t worth it. Plus tampering can cause fires, injury, or even death.
- Utility companies often investigate unusual usage patterns. If your electric or water usage suddenly drops, they’ll suspect meter tampering.
- Theft ultimately hurts honest customers who have to pay higher rates to offset unpaid bills. Ethically it’s better to seek out payment assistance programs or negotiate if struggling.
- Unauthorized tampering can damage infrastructure, like nearby power lines, pipes, or equipment. This can harm other people’s services.
Instead of attempting utility theft, look into other ways to reduce costs:
- Contact providers and explain your situation. They may offer discounted rates or payment plans.
- Use less electricity and water. Simple conservation steps like turning off lights and taking shorter showers save money.
- Look into financial assistance programs. Many providers offer subsidies, credits, or reduced rates for lower-income households.
- Improve efficiency with things like weather-stripping, LED lights, low-flow showerheads. Utility companies often provide these for free or low cost.
With some adjustments, you can reduce usage and bills without resorting to illegal and dangerous utility theft. Reach out for help – stealing services will only lead to much bigger problems in the end!
References
https://www.avvo.com/legal-guides/ugc/theft-of-utilities-in-illinois–penalties-and-defense
https://www.isba.org/committees/governmentlawyers/newsletter/2013/08/defendingagainstallegedutilityt