Federal Statute covering theft of electricity

[bgordski]

Jurisdiction

US Federal Law

Marijuana (MJ) grow houses are by-passing the utility meter to steal electricity. Electricity travels from Canada and many other states to US locations through the power grid. This makes this a Federal Crime.
I find two statutes that may cover this 18---2314 transfer of stolen goods and 31---641 theft and embezzlement.
Both imply that the goods are US government property or do they?
Also, 18---659 theft of goods transported across state lines by pipeline, etc.?

This theft is dangerous because of the electrical shock hazard and a potential fire hazard. Are there any current potential laws regarding this matter before the Congress?

MJ grows do this electrical by-pass because IRS rule 280 disallows any expenses from an illegal operation; this means that their tax rate may be as high as 90%. They also hide the higher power usage to avoid utility notice and police notification.

 

[army judge]

There is no specific federal statue under 18 USC addressing theft of electricity.

There are state statues that address this crime.

I suggest you start by reporting each allegation to the appropriate utility servicing the victim.

 

[adjusterjack]

Marijuana (MJ) grow houses are by-passing the utility meter to steal electricity.

If a marijuana grower is stealing YOUR electricity you report the crime to the police and/or sue for any monetary loss you incur.

If that's not what's happening I fail to fathom the reason for your post as this site is to help people with legal problems and not engage in political or philosophical discussions.

 

[bgordski]

There is no specific federal statue under 18 USC addressing theft of electricity.

There are state statues that address this crime.

I suggest you start by reporting each allegation to the appropriate utility servicing the victim.

 

[bgordski]

18 USC 659 1st section

Whoever embezzles, steals, or unlawfully takes, carries away, or conceals, or by fraud or deception obtains from any pipeline system, railroad car, wagon, motortruck, trailer, or other vehicle, or from any tank or storage facility, station, station house, platform or depot or from any steamboat, vessel, or wharf, or from any aircraft, air cargo container, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility, with intent to convert to his own use any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment of freight, express, or other property; o - See more at: 18 U.S.C. § 659 : US Code - Section 659: Interstate or foreign shipments by carrier; State prosecutions
The words "pipeline system" could be used to refer to electricity which is travelling by cables delivering electric current across US borders rom Canada and state lines from the power grid. Also, the last sentence refers to "other property" which certainly could refer to electricity.

I believe these two lines can be used to prosecute those who are stealing from ALL OF US. Forcing the various utility companies to have to sue and prosecute these thefts with each state having to fund their own prosecutors while this law exists is wrong.

I ask for your learned legal opinion of this matter.

 

[army judge]

18 USC 659 1st section

Whoever embezzles, steals, or unlawfully takes, carries away, or conceals, or by fraud or deception obtains from any pipeline system, railroad car, wagon, motortruck, trailer, or other vehicle, or from any tank or storage facility, station, station house, platform or depot or from any steamboat, vessel, or wharf, or from any aircraft, air cargo container, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility, with intent to convert to his own use any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment of freight, express, or other property; o - See more at: 18 U.S.C. § 659 : US Code - Section 659: Interstate or foreign shipments by carrier; State prosecutions
The words "pipeline system" could be used to refer to electricity which is travelling by cables delivering electric current across US borders rom Canada and state lines from the power grid. Also, the last sentence refers to "other property" which certainly could refer to electricity.

I believe these two lines can be used to prosecute those who are stealing from ALL OF US. Forcing the various utility companies to have to sue and prosecute these thefts with each state having to fund their own prosecutors while this law exists is wrong.

I ask for your learned legal opinion of this matter.

I suggest you trot down to your nearest US Attorney's Office.
Ask to speak with the "duty" prosecutor, if one comes out of hiding, entertain her or him with your story, mate.

 

[Highwayman]

I ask for your learned legal opinion of this matter.

If you insist.

My opinion is that you are a loonie. I've dealt with enough over the years to say that with certainty.

 

[Michael Wechsler]

If you believe someone is stealing electricity or another utility you can report it to the police, the state attorney general and to any relevant party that would be of interest, e.g. the company or companies which engage in business through the use of this grid. If it's really an issue they will pursue it.

 

[bgordski]

Marijuana (MJ) grow houses are by-passing the utility meter to steal electricity. Electricity travels from Canada and many other states to US locations through the power grid. This makes this a Federal Crime.
I find two statutes that may cover this 18 USC 2314 transfer of stolen goods and 31 USC 641 theft and embezzlement.
Both imply that the goods are US government property or do they?
Also, 18 USC 659 theft of goods transported across state lines by pipeline, etc.?

This theft is dangerous because of the electrical shock hazard and a potential fire hazard. Are there any current potential laws regarding this matter before the Congress?

MJ grows do this electrical by-pass because IRS rule 280 disallows any expenses from an illegal operation; this means that their tax rate may be as high as 90%. They also hide the higher power usage to avoid utility notice and police notification.

It seems the US Government manufactures electricity Federal Power Act Title 16 USC.

 

[bgordski]

18 U.S.C. § 641 : US Code - Section 641: Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted - Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both. The word "value" means face, par, or market value, or cost price, either wholesale or retail, whichever is greater - See more at: 18 U.S.C. § 641 : US Code - Section 641: Public money, property or records

http://www.ferc.gov/about/ferc-does.asp
The Federal Energy Regulatory Commission, or FERC, is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects. The Energy Policy Act of 2005 gave FERC additional responsibilities as outlined and updated Strategic Plan. As part of that responsibility, FERC:

• Regulates the transmission and wholesale sales of electricity in interstate commerce;

Since the FERC sells and regulates electricity and due to the power grid all electricity must be considered to have travelled interstate; then the theft of electricity must be considered a federal
issue.

 

[cbg]

What is your legal question for the forum?

 

[Michael Wechsler]

OK. So reporting is all you can do. Prosecution is in the discretion of a government prosecutor.

 

[bgordski]

What is your legal question for the forum?

The title of this thread is "What is the Federal title and Statue covering the theft of electricity?"
I might add "and why does that Federal statue apply?"
The 2005 Energy Policy Act Title 12; US Code - Title 16: CONSERVATION Chapter 12 Federal Regulation and Development of Power and various federal electric power projects all point to the Federal footprint on electric power issues.
That brings up Title 18 U.S.C. 641 for enforcement.
I could not find any good google reference to this matter and now this thread rates high on the google search engine.

 

[bgordski]

OK. So reporting is all you can do. Prosecution is in the discretion of a government prosecutor.

Yes, Prosecution is at the discretion of the prosecutor and being able to quote the applicable law works wonders in getting that "discretion" acted upon. Still seeking legal input but I can go with what is shown here.