Any provider of services that have been tampered with or diverted in violation of § 18.2-163 may seek both injunctive and equitable relief, and an award of damages, including reasonable 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.
§ 8.01-44.7.Action for tampering with metering device and diverting service.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2006 · Last verified July 16, 2026
In one sentenceLets a utility or service provider whose metering device was tampered with, or whose service was diverted, in violation of Virginia’s criminal utility-theft statute sue for an injunction, equitable relief, and damages, recovering for each separate violation the greater of actual damages or $500, plus attorney fees and costs.
Full Text of § 8.01-44.7
Plain-English Summary
Any provider of services that have been tampered with or diverted in violation of § 18.2-163 may seek both injunctive and equitable relief, and an award of damages, including reasonable attorney fees and costs.
In addition to any other remedy the law already provides, the aggrieved party may recover actual damages or $500, whichever is greater, for each separate act of tampering or diversion.
Frequently Asked Questions
What conduct does this section address?
Tampering with a metering device or diverting a service in violation of § 18.2-163.
What can a utility or service provider recover under this section?
Injunctive and equitable relief, an award of damages including reasonable attorney fees and costs, and, for each separate action of tampering or diversion, actual damages or $500, whichever is greater.
Is the $500 recovery a one-time amount, or does it apply per violation?
It applies for each action, so the statutory floor can be recovered separately for each act of tampering or diversion.
Can the provider get an injunction in addition to money damages?
Yes. The section allows the provider to seek both injunctive and equitable relief and an award of damages in the same action.
Does this section replace other remedies a service provider might have?
No. The recovery it authorizes is in addition to any other remedy provided by law.
Amendment History
2006, c. 350.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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