New Jersey Section 2C:20-8 – Theft of services

New Jersey Section 2C:20-8 – Theft of Services

Theft of services is a common yet often misunderstood crime in New Jersey. Section 2C:20-8 of the New Jersey Code of Criminal Justice deals specifically with theft of services offenses. This statute makes it illegal to obtain services that you know are only available for compensation without paying for them.

What Constitutes Theft of Services?

Theft of services covers a wide range of behaviors. Essentially, anytime someone receives a service they know requires payment without compensating the provider, it can be considered theft of services.

Some examples of theft of services include:

• Using public transportation without paying the fare
• Attending a ticketed event without a ticket
• Getting a haircut or other salon service without paying
• Dining at a restaurant and leaving without paying the bill (known as “dine and dash”)
• Staying at a hotel without paying
• Hiring a contractor and not paying for their work

The statute specifies that “services” include things like professional services, transportation, utilities, accommodation, entertainment, and more. So anything from using a taxi to getting your plumbing fixed falls under the law if you don’t pay.

How is Theft of Services Committed?

There are a few ways theft of services offenses are carried out in New Jersey:

Deception

This involves lying or misleading a service provider to receive services without paying. For example, making up a false emergency to get a free ambulance ride would be theft of services by deception.

Threats

Threatening a service provider either physically or financially to provide free services constitutes theft of services. Threatening to write a bad review unless a restaurant comps your meal would qualify.

False Tokens

Paying with counterfeit money or a bad check is considered theft of services by use of a false token.

Electronic Devices

Using technology like cable service hacking devices to get free cable illegally is theft of services under this statute.

Fraudulent Statements

Lying about an inability to pay or false promises to pay in the future can also lead to theft of services charges.

Defenses to Theft of Services Charges

There are a few defenses that may apply in theft of services cases:

• Lack of Intent – If there was a genuine misunderstanding or lack of criminal intent, this could negate charges.
• Inability to Pay – While this does not justify theft of services, it can sometimes lead to reduced charges/penalties.
• Consent – If the service provider consented to providing services for free or delayed payment, it may not be theft.
• Mistaken Identity – If the accused can show they were mistakenly identified, the charges can be fought.
• False Accusations – Wrongful accusations by vindictive service providers sometimes occur.

Having an experienced criminal defense lawyer argue one of these defenses can result in reduced or dismissed charges in many theft of services cases.

Theft of Utilities

One common form of theft of services is utility theft under 2C:20-8(c). This includes things like:

• Stealing cable TV service
• Diverting power without paying the electric company
• Tapping into water lines to get free water

Not only can utility theft lead to criminal charges, but utility companies often pursue civil penalties as well. The potential consequences make the risks of utility theft rarely worth any perceived benefits.

Shoplifting

Shoplifting is criminalized under 2C:20-11 in New Jersey. While technically distinct from theft of services, shoplifting takes goods retailers provide for compensation without paying.

First time shoplifting offenses under $200 lead to fines, while amounts over $500 can be indictable crimes. Jail time, community service, and permanent criminal records are possible for shoplifting convictions.

Takeaways

• Theft of services involves taking services you know require payment without paying for them through deception, threats, technology, or other means.
• Charges range from disorderly persons to third degree crimes depending on severity. Defenses like lack of intent and inability to pay may apply.
• Utility theft and shoplifting are common forms of theft of services with serious penalties if convicted.
• Theft of services may seem harmless on the surface, but carries real criminal consequences in New Jersey. Understanding the law and potential penalties can help people avoid charges and make better choices. For anyone facing accusations, an experienced criminal defense attorney can argue defenses and negotiate the best resolution