C :20-8 . Theft of services
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.
L.1978, c.95; amended 1983, c.15, s.1; 1985, c.10; 1989, c.112; 1997, c.6, s.4.
