(a) 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 and creates against the tenant or occupant a presumption of intent to tamper or divert in violation of § 65-35-102.

Terms Used In Tennessee Code 65-35-103

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Tenant or occupant: means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner. See Tennessee Code 65-35-101
  • Utility: means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission. See Tennessee Code 65-35-101
  • Utility customer: means :
    (A) The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service. See Tennessee Code 65-35-101
(b) The presence upon property served by a utility of a metering device altered to improperly monitor the amount of utility service used on or by such property is presumptive evidence that the utility customer has diverted or used utility service with the intent to deprive or defraud the utility from receiving proper charges or payment for such utility service in violation of this chapter.
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