(1) A person commits the crime of theft of services if:
(a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or
(b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.
(2) As used in this section, “services” includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. “Communication service” includes, but is not limited to, use of telephone, computer and cable television systems.
(3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.
(4) The value of single theft transactions may be added together if the thefts were committed:
(a) Against multiple victims by a similar means within a 30-day period; or
(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.
(5) Theft of services is:
(a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is under $50;
(b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $50 or more but is under $750;
(c) A Class C felony if the aggregate total value of services that are the subject of the theft is $750 or more; and
(d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more. [1971 c.743 §133; 1973 c.133 §1; 1985 c.537 §1; 1987 c.907 §8; 1993 c.680 §21]Section: Previous 164.090 164.095 164.098 164.100 164.105 164.110 164.115 164.125 164.130 164.132 164.135 164.138 164.140 164.160 164.162 Next
Last modified: August 7, 2008