§ 65-35-103. Evidence of Violation
Any property on which it is found to have telephone, electric, gas, sanitary sewer, or water utilities tampered with in violation of § 65-35-102, and capable of receiving telephone, electricity, gas, sanitary sewer, or water service as a result of the use of any method of diversion prohibited in that section, is prima facie evidence […]
§ 65-35-104. Civil Liability — Damages — Liens — Perfection of Liens
Any person violating § 65-35-102 is liable civilly for damages resulting from such violation, including actual, compensatory, incidental and punitive damages. The damages shall be three (3) times the utility’s estimated loss of revenue, plus reasonable attorneys’ fees and costs associated with such loss. A finding of guilt in violation of § 65-35-102, as part […]
§ 65-35-105. Criminal Proceedings
A violation of § 65-35-102 is also a violation of § 39-14-104 and § 65-35-103 applies to any proceeding brought to impose the penalties for a violation of § 39-14-104. In all criminal proceedings brought to impose penalties under § 39-14-104 for violation of this chapter, the provisions of § 65-35-103 pertaining to “prima facie […]
§ 65-35-106. Civil Remedies and Criminal Penalties Mutually Exclusive
It is the intent of the general assembly that the civil remedies of this chapter and the criminal penalties imposed by any other act of the general assembly are mutually exclusive methods for the prosecution of the unlawful activities described in the respective statutes.
§ 65-35-107. Regulatory Jurisdiction Not Extended
Nothing in this chapter confers upon the Tennessee public utility commission the jurisdiction to regulate any utility not expressly subject to regulation by other provision of state law.
§ 65-35-102. Prohibited Acts
It is unlawful for a person to: Knowingly tap, cut, burn, break down, injure, destroy or otherwise interrupt or interfere with the current, lines, cables, poles, towers, fixtures or appliances utilized to furnish service to the general public by any telephone or telegraph company, or electric light or power company engaged in furnishing communication, light, […]
§ 65-35-101. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Owner” means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility; “Person” means an individual, corporation, […]