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 § 18.2-190.1 by the use of an unlawful electronic communication device as defined in § 18.2-190.1.
C. The word "notice" 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.
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.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 6 - Crimes Involving Fraud
§ 18.2-168. Forging public records, etc.
§ 18.2-169. Forging, or keeping an instrument for forging, a seal
§ 18.2-170. Forging coin or bank notes
§ 18.2-171. Making or having anything designed for forging any writing, etc.
§ 18.2-172. Forging, uttering, etc., other writings
§ 18.2-172.1. Falsifying or altering and fraudulently using transcripts or diplomas; penalty
§ 18.2-172.2. Maliciously affixing another's signature to writing; penalty
§ 18.2-173. Having in possession forged coin or bank notes
§ 18.2-174. Impersonating law-enforcement officer; penalty
§ 18.2-174.1. Impersonating certain public safety personnel; penalty
§ 18.2-177. Illegal use of insignia
§ 18.2-177.1. False representation of military status; penalty
§ 18.2-178. Obtaining money or signature, etc., by false pretense
§ 18.2-178.1. Financial exploitation of vulnerable adults; penalty
§ 18.2-178.2. Financial exploitation by an agent; penalty
§ 18.2-179. Unlawful operation of coin box telephone, parking meter, vending machine, etc.
§ 18.2-180. Manufacture, etc., of slugs, etc., for such unlawful use
§ 18.2-181. Issuing bad checks, etc., larceny
§ 18.2-181.1. Issuance of bad checks
§ 18.2-182.1. Issuing bad checks in payment of taxes
§ 18.2-184. Presumption as to notation attached to check, draft or order
§ 18.2-185. Evidence and presumptions in malicious prosecution actions after issuance of bad check
§ 18.2-186. False statements to obtain property or credit
§ 18.2-186.3. Identity theft; penalty; restitution; victim assistance
§ 18.2-186.3:1. Identity fraud; consumer reporting agencies; police reports
§ 18.2-186.4. Use of a person's identity with the intent to coerce, intimidate, or harass; penalty
§ 18.2-186.4:1. Internet publication of personal information of certain public officials
§ 18.2-186.6. Breach of personal information notification
§ 18.2-187.2. Audiovisual recording of motion pictures unlawful; penalty
§ 18.2-188. Defrauding hotels, motels, campgrounds, boardinghouses, etc.
§ 18.2-188.1. Defrauding person having a lien on an animal; penalty
§ 18.2-189. Defrauding keeper of motor vehicles or watercraft
§ 18.2-190. Fraudulent misrepresentation as to breed of bull or cattle
§ 18.2-190.3. Sale of an unlawful electronic communication device; penalty
§ 18.2-190.4. Manufacture of an unlawful electronic communication device; penalty
§ 18.2-190.5. Separate offenses; penalty
§ 18.2-190.8. Civil relief; damages
§ 18.2-193. Credit card forgery
§ 18.2-194. Unauthorized possession of two or more signed credit cards or credit card numbers
§ 18.2-195. Credit card fraud; conspiracy; penalties
§ 18.2-195.1. Credit card factoring
§ 18.2-195.2. Fraudulent application for credit card; penalties
§ 18.2-196. Criminal possession of credit card forgery devices
§ 18.2-196.1. Unlawful use of payment card scanning devices and re-encoders; penalty
§ 18.2-197. Criminally receiving goods and services fraudulently obtained
§ 18.2-198. Obtaining airline, railroad, steamship, etc., ticket at discount price
§ 18.2-199. Penalties for violation of article
§ 18.2-200. Failure to perform promise to deliver crop, etc., in return for advances
§ 18.2-200.1. Failure to perform promise for construction, etc., in return for advances
§ 18.2-201. Advances secured by fraudulent promise to perform agricultural labor
§ 18.2-204. False statement for the purpose of defrauding industrial sick benefit company
§ 18.2-204.1. Fraudulent use of birth certificates, etc.; penalty
§ 18.2-206. Procuring an animal, aircraft, vehicle or boat with intent to defraud
§ 18.2-207. Making false entry, etc., in marriage register, etc.
§ 18.2-208. Making false statement, etc., for marriage record, etc.
§ 18.2-209. False publications
§ 18.2-209.1. Penalties for false certificate or failure to give bond
§ 18.2-213. Simulation of warrants, processes, writs and notices
§ 18.2-213.2. Filing false lien or encumbrance against another
§ 18.2-214. Changing or removing, etc., trademarks, identification marks, etc.
§ 18.2-216. Untrue, deceptive or misleading advertising, inducements, writings or documents
§ 18.2-216.1. Unauthorized use of name or picture of any person; punishment
§ 18.2-218. Failure to indicate goods, etc., are "seconds," "irregulars," "secondhand," etc.
§ 18.2-220. Use of word "wholesale" or "wholesaler."
§ 18.2-221. Advertising new or used automobiles or trucks
§ 18.2-222. Misrepresentation as to source of merchandise; penalty
§ 18.2-223. "Going out of business" sales; permit required
§ 18.2-225. Misrepresentations as to agricultural products
§ 18.2-227. Same; sale from pump indicating other brand
§ 18.2-228. Same; imitating indicia of other brands
§ 18.2-229. Same; false trade name or mixing brands
§ 18.2-230. Same; assisting in violation of §§ 18.2-226 through 18.2-229
§ 18.2-231. Same; label required
§ 18.2-232. Same; punishment for violation of §§ 18.2-226 through 18.2-231
§ 18.2-233. Sale of goods marked "sterling" and "sterling silver."
§ 18.2-234. Sale of goods marked "coin" and "coin silver."
§ 18.2-235. Regulating sale of merchandise made of gold
§ 18.2-237. Buying, etc., certain secondhand materials; intent; possession
§ 18.2-238. Buying, etc., pig iron, etc., with intent to defraud; possession; evidence of intent
§ 18.2-239. Pyramid promotional schemes; misdemeanor; definitions; contracts void
§ 18.2-241. Acceptance of promissory notes in payment for food sold at retail
§ 18.2-242. Use of games, lotteries, etc., for promoting sale of certain products
§ 18.2-243. When issuer or distributor of advertisements not guilty of violation; inadvertent error
§ 18.2-244. Right to select clientele or customers not affected
§ 18.2-245. Enjoining violation of this article
§ 18.2-246. Penalty in general for violations
§ 18.2-246.3. Money laundering; penalties
§ 18.2-246.7. Requirements for delivery sales
§ 18.2-246.8. Age verification requirements
§ 18.2-246.9. Disclosure requirements
§ 18.2-246.10. Shipping requirements
§ 18.2-246.11. Registration and reporting requirements
§ 18.2-246.12. Collection of taxes
§ 18.2-246.13. Civil penalties; penalties
§ 18.2-246.14. Counterfeit cigarettes; penalty; civil penalty