Theft of Services Charges

Many people think theft only applies to physical items like money or personal property. But you can also be charged with a crime for taking services without paying. Theft of services is a criminal offense in all 50 states.

However, since intent is a key element of the crime, a person who didn’t know they were breaking the law may be able to challenge the charges.

In this article, we review some of the basics of theft of services, along with the main principles at play. We’ll also answer commonly asked questions and give you real-life examples to help you understand this unusual crime.

If you’re facing theft of services charges, it is important to speak with a qualified criminal defense attorney to understand your options. They’ll apply state law to your specific circumstances and explain any legal defenses that may be available in your case.

What Is Theft of Services?

Theft of services is when someone intentionally uses a service without paying and without permission. It’s generally considered a crime, though classifications and consequences can vary by state.

Theft of services is different from stealing personal property like a phone or a bike. Instead, it involves taking valuable services like labor, professional services, or public utilities. Valuable services can be anything that has a cost and is provided by someone else.

Examples of Theft of Services

Theft of services can happen in various situations. Common examples include:

• Dine and dash: Eating at a restaurant and leaving without paying
• Cable theft: Using someone else’s cable television without permission
• Meter tampering: Changing/damaging an electric services meter to reduce charges
• Wi-Fi stealing: Using a neighbor’s Wi-Fi without their consent
• False token: Using a fake ticket or pass to access an event or service
• Contractor fraud: Hiring a contractor and refusing to pay after the work is done

While some of these actions may seem small or insignificant, they’re considered theft because someone is still taking something of value without paying for it.

State Laws and Penalties for Theft of Services

Some states have specific theft of services laws, while others include it under general theft laws. Either way, if someone faces criminal charges for theft of services, the prosecutor must generally prove that they:

• Used valuable services
• Didn’t have the consent of the owner
• Intended to avoid payment for their own benefit

The exact charge usually depends on the value of the services and the laws of the state. They can range from minor offenses to serious felonies.

Each state categorizes and penalizes theft of services differently. Several states use detailed classification systems to rank the severity of theft of services offenses and help determine sentencing.

The Texas Penal Code, for example, categorizes and assigns penalties as follows.

• Class C misdemeanor: Usually for services worth less than $100. Penalties may include a small fine.
• Class B misdemeanor: For services worth between $100 and $750. This can lead to higher fines and possible jail time.
• Class A misdemeanor: For services worth between $750 and $2,500. Jail time can be up to one year.
• State jail felony: For services worth between $2,500 and $30,000. This can lead to jail time in a state facility.
• Third-degree felony: For services worth between $30,000 and $150,000.
• Second-degree felony: For services worth between $150,000 and $300,000.
• First-degree felony: For services worth more than $300,000. This is the most serious and can result in long prison sentences.

Other states may simply label offenses as misdemeanors or felonies without breaking them into lettered or numbered classes. Regardless of the classification system, each state considers the value of the stolen services when classifying theft of services charges.

Public Utilities Theft

Most states treat theft of public utility services particularly seriously because it can put public safety at risk. This type of theft typically involves tampering with meters, which can cause fires and power outages.

What If It Was a Mistake?

Sometimes people don’t realize they’re committing theft. For example, they may think a private Wi-Fi network is public or otherwise believe a service was free when it wasn’t. In these cases, the person’s lack of intent can be a strong defense since a conviction requires the state to prove intent.

Other potential defenses include:

• Consent of the owner
• Mistaken identity
• Dispute over payment

While disputes over payment for services can be serious, they generally involve civil disagreement, not a criminal act. If there’s a genuine disagreement about the quality of the services or the amount owed, and there was no intent to defraud, then the matter is usually civil.

Consult a Defense Lawyer

The best course of action for dealing with theft of services charges is to speak with a criminal defense lawyer licensed in your state. You can share the details of your situation with them confidentially so they can help you determine the best way to proceed. In many cases, they’ll negotiate a plea deal with prosecutors for a reduction in charges and/or penalties.

While consulting an attorney is your first step, it’s not always easy to find an advisor you can trust. FindLaw has compiled a credible directory of criminal defense attorneys to help you secure the best possible outcome in your case. Just click on your location to view ratings and background information for experts in your area. Many offer free consultations.

Make plans to meet with one (or more) until you find an advocate with whom you feel comfortable. But don’t take chances. Enlist the help of an advocate who can help you regain control of your future.