By Kenneth A. Vercammen, Esq. There are a number of viable defenses and
arguments which can be pursued to achieve a successful result for
someone charged with theft. Our office represents people charged with
crimes. We provide representation throughout New Jersey. Criminal
charges can cost you. If convicted, you can face prison, fines, jail,
probation over 18 months, and other penalties. Don't give up! Our Law
Office can provide experienced attorney representation for criminal
violations. Our website KennethVercammen.com provides information on
criminal cases. New Jersey does not call serious theft offenses
"felonies." Instead, they are called "crimes." The following is the NJ
law on 2C:20-8. Theft of Services. a. A person is guilty of theft if he
purposely obtains services which he knows are available only for
compensation, by deception or threat, or by false token, slug, or other
means, including but not limited to mechanical or electronic devices or
through fraudulent statements, to avoid payment for the service.
"Services" include labor or professional service; transportation,
telephone, telecommunications, electric, water, gas, cable television,
or other public service; accommodation in hotels, restaurants or
elsewhere; entertainment; admission to exhibitions; use of vehicles or
other movable property. Where compensation for service is ordinarily
paid immediately upon the rendering of such service, as in the case of
hotels and restaurants, absconding without payment or offer to pay gives
rise to a presumption that the service was obtained by deception as to
intention to pay. b. A person commits theft if, having control over the
disposition of services of another, to which he is not entitled, he
knowingly diverts such services to his own benefit or to the benefit of
another not entitled thereto. c. Any person who, without permission and
for the purpose of obtaining electric current, gas or water with intent
to defraud any vendor of electricity, gas or water or a person who is
furnished by a vendor with electric current, gas or water: (1) Connects
or causes to be connected by wire or any other device with the wires,
cables or conductors of any such vendor or any other person; or (2)
Connects or disconnects the meters, pipes or conduits of such vendor or
any other person or in any other manner tampers or interferes with such
meters, pipes or conduits, or connects with such meters, pipes or
conduits by pipes, conduits or other instruments--is guilty of a
disorderly persons offense. The existence of any of the conditions with
reference to meters, pipes, conduits or attachments, described in this
subsection, is presumptive evidence that the person to whom gas,
electricity or water is at the time being furnished by or through such
meters, pipes, conduits or attachments has, with intent to defraud,
created or caused to be created with reference to such meters, pipes,
conduits or attachments, the condition so existing; provided, however,
that the presumption shall not apply to any person so furnished with
gas, electricity or water for less than 31 days or until there has been
at least one meter reading. A violation of this subsection shall be
deemed to be a continuing offense as long as the conditions described in
this subsection exist. d. Any person who, without permission or
authority, connects or causes to be connected by wires or other devices,
any meter erected or set up for the purpose of registering or recording
the amount of electric current supplied to any customer by any vendor
of electricity within this State, or changes or shunts the wiring
leading to or from any such meter, or by any device, appliance or means
whatsoever tampers with any such meter so that the meter will not
measure or record the full amount of electric current supplied to such
customer, is guilty of a disorderly persons offense. The existence of
any of the conditions with reference to meters or attachments described
in this subsection is presumptive evidence that the person to whom
electricity is at the time being furnished by or through such meters or
attachments has, with intent to defraud, created or caused to be created
with reference to such meters or attachments, the condition so
existing; provided, however, that the presumption shall not apply to any
person so furnished with electricity for less than 31 days or until
there has been at least one meter reading. A violation of this
subsection shall be deemed to be a continuing offense as long as the
conditions described in this subsection exist. e. Any person who, with
intent to obtain cable television service without payment, in whole or
in part, of the lawful charges therefor, or with intent to deprive
another of the lawful receipt of such service, damages, cuts, tampers
with, installs, taps or makes any connection with, or who displaces,
removes, injures or destroys any wire, cable, conduit, apparatus or
equipment of a cable television company operating a CATV system; or who,
without authority of a cable television company, intentionally
prevents, obstructs or delays, by any means or contrivance, the sending,
transmission, conveyance, distribution or receipt of programming
material carried by equipment of the cable television company operating a
CATV system, is a disorderly person. The existence of any of the
conditions with reference to wires, cables, conduits, apparatus or
equipment described in this subsection is presumptive evidence that the
person to whom cable television service is at the time being furnished
has, with intent to obtain cable television service without
authorization or compensation or to otherwise defraud, created or caused
to be created the condition so existing. f. Any person who purposely or
knowingly manufactures, constructs, sells, offers for sale, distributes
or installs any equipment, device or instrument designed or intended to
facilitate the interception, decoding or receipt of any cable
television service with intent to obtain such service and avoid the
lawful payment of the charges therefor to the provider, in whole or in
part, is a disorderly person. Any communications paraphernalia
prohibited under this subsection shall be subject to forfeiture and may
be seized by the State or any law enforcement officer in accordance with
the provisions of N.J.S. 2C:64-1 et seq. g. Any person who purposely or
knowingly maintains or possesses any equipment, device or instrument of
the type described in subsection f. of this section or maintains or
possesses any equipment, device or instrument actually used to
facilitate the interception, decoding or receipt of any cable television
service with intent to obtain such service and avoid the lawful
payment, in whole or in part, of the charges therefor to the provider,
is a disorderly person. Any communications paraphernalia prohibited
under this subsection shall be subject to forfeiture and may be seized
by the State or any law enforcement officer in accordance with the
provisions of N.J.S. 2C:64-1 et seq. h. Any person who, with the intent
of depriving a telephone company of its lawful charges therefor,
purposely or knowingly makes use of any telecommunications service by
means of the unauthorized use of any electronic or mechanical device or
connection, or by the unauthorized use of billing information, or by the
use of a computer, computer equipment or computer software, or by the
use of misidentifying or misleading information given to a
representative of the telephone company is guilty of a crime of the
third degree. The existence of any of the conditions with reference to
electronic or mechanical devices, computers, computer equipment or
computer software described in this subsection is presumptive evidence
that the person to whom telecommunications service is at the time being
furnished has, with intent to obtain telecommunications service without
authorization or compensation or to otherwise defraud, created or caused
to be created the condition so existing. i. Any person who purposely or
knowingly manufactures, constructs, sells, offers for sale,
distributes, installs, or otherwise provides any service, equipment,
device, computer, computer equipment, computer software or instrument
designed or intended to facilitate the receipt of any telecommunications
service and avoid the lawful payment of the charges therefor to the
provider, in whole or in part, is guilty of a crime of the third degree.
Any communications paraphernalia, computer, computer equipment or
computer software prohibited under this subsection shall be subject to
forfeiture and may be seized by the State or any law enforcement officer
in accordance with the provisions of N.J.S. 2C:64-1 et seq. j. Any
person who purposely or knowingly maintains or possesses any equipment,
device, computer, computer equipment, computer software or instrument of
the type described in subsection i. of this section, or maintains or
possesses any equipment, device, computer, computer equipment, computer
software or instrument actually used to facilitate the receipt of any
telecommunications service with intent to obtain such service and avoid
the lawful payment, in whole or in part, of the charges therefor to the
provider, is guilty of a crime of the third degree. Any communications
paraphernalia, computer, computer equipment or computer software
prohibited under this subsection shall be subject to forfeiture and may
be seized by the State or any law enforcement officer in accordance with
the provisions of N.J.S. 2C:64-1 et seq. k. In addition to any other
disposition authorized by law, and notwithstanding the provisions of
N.J.S. 2C:43-3, every person who violates this section shall be
sentenced to make restitution to the vendor and to pay a minimum fine of
$500.00 for each offense. In determining the amount of restitution, the
court shall consider the costs expended by the vendor, including but
not limited to the repair and replacement of damaged equipment, the cost
of the services unlawfully obtained, investigation expenses, and
attorney fees. l. The presumptions of evidence applicable to offenses
defined in subsections c., d., e. and h. of this section shall also
apply in any prosecution for theft of services brought pursuant to the
provisions of subsection a. or b. of this section.
