Uploaded April 2025 | Updated September 2026, 2 weeks ago
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Penley v. Commonwealth
Virginia Court of Appeals
655 S.E.2d 746, 51 Va. App. 166 (2008)
Larceny is a kind of theft defined as the wrongful taking of another's property with the intent to deprive the owner of possession permanently.
Electricity is a measurable commodity that can be the subject of larceny.
In Penley versus Commonwealth, the court decided how to value stolen electricity for purposes of assessing the seriousness of the defendant's crime.
Dominion Virginia Power cut off the electricity to Eckley Penley's house on April fifth because of unpaid bills.
On April twenty ninth, a Dominion investigator went to Penley's house and discovered that Penley had installed an illegal electric meter and was continuing to receive power.
The investigator called a service technician to disconnect the electricity at the pole supplying power to the illegal meter. He also called the police.
Penley was arrested and charged with utility fraud.
At his trial, a Dominion employee testified that the value of the power provided to Penley through the illegal meter was approximately eighty two dollars.
Additional evidence showed that Dominion had incurred additional costs of approximately one hundred and fifty five dollars because of Penley's theft.
These costs included fees for the investigator's visit and for the technician to turn the power off at the pole.
Penley was convicted. The trial court concluded that the value of the services Penley fraudulently obtained was over two hundred dollars, making his crime a felony.
Penley appealed to the Virginia Court of Appeals, arguing that the evidence didn't prove that he'd obtained utility services valued at more than two hundred dollars.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Penley v. Commonwealth
Virginia Court of Appeals
655 S.E.2d 746, 51 Va. App. 166 (2008)
Larceny is a kind of theft defined as the wrongful taking of another's property with the intent to deprive the owner of possession permanently.
Electricity is a measurable commodity that can be the subject of larceny.
In Penley versus Commonwealth, the court decided how to value stolen electricity for purposes of assessing the seriousness of the defendant's crime.
Dominion Virginia Power cut off the electricity to Eckley Penley's house on April fifth because of unpaid bills.
On April twenty ninth, a Dominion investigator went to Penley's house and discovered that Penley had installed an illegal electric meter and was continuing to receive power.
The investigator called a service technician to disconnect the electricity at the pole supplying power to the illegal meter. He also called the police.
Penley was arrested and charged with utility fraud.
At his trial, a Dominion employee testified that the value of the power provided to Penley through the illegal meter was approximately eighty two dollars.
Additional evidence showed that Dominion had incurred additional costs of approximately one hundred and fifty five dollars because of Penley's theft.
These costs included fees for the investigator's visit and for the technician to turn the power off at the pole.
Penley was convicted. The trial court concluded that the value of the services Penley fraudulently obtained was over two hundred dollars, making his crime a felony.
Penley appealed to the Virginia Court of Appeals, arguing that the evidence didn't prove that he'd obtained utility services valued at more than two hundred dollars.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/penley-v-commonwealth
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/penley-v-commonwealth
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Subscribe to our YouTube Channel ► youtube.com/subscription_center?add_user=QuimbeeDotCom
Quimbee Case Brief App ► quimbee.com/case-briefs-overview
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