Theft of Services 2C:20-8
“Theft of services” covers the taking of a wide range of services without payment in full. These services range from power to labor. Theft of services requires a purposeful taking of services for which an individual knows he must pay compensation. Theft of services can be a disorderly persons offense or a crime of the third degree. The severity of the offense depends on what the individual has taken.
Theft of services may involve theft by deception, threat, false token, slug, or mechanical or electronic devices. Theft of services can involve the use of vehicles, but joyriding is a separate offense. It is sometimes the case that a person provides a service for which they expect immediately upon receiving the service. For example, this occurs in a hotel. If an individual leaves without paying or offering to pay, the presumption is that the service was obtained by deception.
An individual may be accused of theft of services if he has control over the services of another person and diverts the services to his own benefit. An individual may also be accused of theft of services if he diverts the services to the benefit of another person whom he knows is not entitled to the services. An example would be an individual who knows a roommate has paid for repairs to the roommate’s computer. The individual asks a repairperson who has come to the house to repair the individual’s computer. The individual knows that the roommate will have to pay for the repair to the individual’s computer. The individual offers no payment to the repairperson or the roommate.
An individual who defrauds a vendor of electricity, gas, or water or a person who purchases these services from a utility provide, may be accused of a disorderly persons offense. The maximum punishment for a disorderly persons offense is up to 6 months in jail and a fine up to $1,000. It is also a disorderly persons offense to connect or disconnect the meters, pipes, or instruments of a vendor; to connect or change wiring from an electrical meter, or obtain cable television service without providing compensation to a cable television provider.
It is a crime of the third degree to deprive a telephone company of payment for its services. A crime of the third degree is punishable by up to 3 to 5 years in prison and a fine up to $15,000. It is also a crime of the third degree to take telecommunications services without payment. In addition, it is a crime of the third degree to maintain or possess equipment or devices, include computer equipment and computer software, to allow an individual to receive a telecommunications service without paying a telecommunications provider.
When an individual is accused of a crime of the third degree, a prosecutor must prove that they purposely or knowingly engaged in conduct to take services without providing payment. This is a high standard to meet. It requires that the prosecutor demonstrate the intent of the individual.
