THEFT NJ OF SERVICES—N.J.S.A. 2C:20-8
ILLUSTRATIVE EXAMPLE:
Theft Services – You’ve just been laid off by your former employer “Comfast” cable company. Not only do you know how to obtain cable television services for yourself from “Comfast” without having to pay a cable bill, but you also know how to successfully build a set top box for the purpose of enabling others to obtain free cable television from “Comfast” as well. You obtain the necessary components and put together a couple of the set top boxes. First you hook one up for yourself. Then you sell a few to some gym buddies down at the local health club. Have you just committed a couple of serious criminal offenses?
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; accommodations 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 the 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 at least until there has been 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
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 the
electricity 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 exists.
e. Any person who, with intent to obtain cable television service without payment, in whole or in part, of the lawful charges therefore, 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 the 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 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 therefore to the provider, is a disorderly person.
Any communications paraphernalia prohibited by 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 tinent of depriving a telephone company of its lawful charges therefore, purposely or knowingly makes use of any telecommunications service by means of the unauthorized use of nay electronic or mechanical device or connection, or by the unauthorized us 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 therefore 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
therefore 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 by 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 services unlawfully obtained, investigation expenses, and attorneys fees.
l. The presumptions of evidence applicable to offenses defined in subsections c., d., e. and h. of this section shall also apply to any prosecution for theft of services brought pursuant to the provisions of subsection a. or b. of this section.”
The answer to the question is YES. You have committed a disorderly persons offense by gaining access to Comfast cable services without ever intending to pay Comfast. This would be punishable by the imposition of monetary fines of up to $1,000.00 per count, up to six months jail time per count and a criminal record.
Secondly, for selling components to others that grant unauthorized access to Comfast cable television you have committed a third degree crime. Your exposure if convicted, is the imposition of a monetary fine up to $10,000.00, plus jail time of a minimum of three (3) years and a maximum of five (5) years, presumptive four (4) years, and a criminal record. N.J.S.A. 2C:43-3.
These cases can be extremely serious involving the imposition of jail time, hefty fines and a criminal record. If you are charged with any theft charge you need to retain the services of a skilled and experienced attorney immediately to obtain a downgrade of the charges or an acquittal.
