THEFT NJ OF SERVICES—N.J.S.A. 2C:20-8
ILLUSTRATIVE EXAMPLE:
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.
