Theft of Services in New Jersey

N.J.S.A. 2C:20-8 · Theft, Burglary & Property Offenses

What the law says

The section prohibits obtaining services without paying through deception, threats, false tokens, or other means, and knowingly diverting services controlled for someone else’s benefit. It also prohibits specified unauthorized connections, tampering, interception, receipt, and equipment-related conduct involving utility, cable television, and telecommunications services.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-8, that means:

• For subsection a., purposely obtain services known to be available only for compensation by deception, threat, false token, slug, or other means to avoid payment.
• For subsection b., have control over the disposition of another’s services to which the person is not entitled and knowingly divert those services for the person’s own benefit or the benefit of another person not entitled to them.
• For utility services under subsection c., without permission and for the purpose of obtaining electric current, gas, or water with intent to defraud, make or cause an unauthorized connection, disconnect or tamper with meters, pipes, or conduits, or connect to them by pipes, conduits, or other instruments.
• For electricity meters under subsection d., without permission or authority, connect a meter or change or shunt its wiring, or tamper with it so it will not measure or record the full amount of electricity supplied.
• For cable television under subsection e., with intent to obtain service without paying lawful charges or to deprive another of lawful receipt, damage, alter, connect to, or interfere with company equipment; or, without company authority, intentionally prevent, obstruct, or delay transmission or receipt of programming.
• For cable television equipment under subsections f. and g., purposely or knowingly manufacture, construct, sell, offer, distribute, install, maintain, or possess specified equipment with the intent to obtain cable service and avoid lawful charges.
• For telecommunications under subsections h., i., and j., with the intent to deprive a telephone company of lawful charges, use telecommunications service through specified unauthorized means, or purposely or knowingly provide, maintain, or possess specified service or equipment intended or used to facilitate receipt of telecommunications service while avoiding lawful charges.

How the charge is graded

• Subsections c., d., and e.: disorderly persons offense or disorderly person, as stated in the applicable subsection.
• Subsections f. and g.: disorderly person.
• Subsections h., i., and j.: crime of the third degree.
• Subsections a. and b. define theft but do not state a degree or offense grade.

Penalties in the statute

• In addition to any other disposition authorized by law, 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.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• When compensation for service is ordinarily paid immediately, as with 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.
• For subsections c. and d., specified conditions involving meters, pipes, conduits, or attachments are presumptive evidence that the person being furnished the service created or caused the condition with intent to defraud. The presumption does not apply to a person furnished the service for less than 31 days or until there has been at least one meter reading.
• A violation of subsection c. or d. is a continuing offense as long as the described conditions exist.
• For subsection e., specified conditions involving cable television wires, cables, conduits, apparatus, or equipment are presumptive evidence that the person being furnished cable service created or caused the condition with intent to obtain service without authorization or compensation or otherwise defraud.
• For subsection h., specified conditions involving electronic or mechanical devices, computers, computer equipment, or computer software are presumptive evidence that the person being furnished telecommunications service created or caused the condition with intent to obtain service without authorization or compensation or otherwise defraud.
• The presumptions applicable to subsections c., d., e., and h. also apply in prosecutions for theft of services under subsection a. or b.
• Communications paraphernalia prohibited under subsections f. and g. is subject to forfeiture and may be seized by the State or any law enforcement officer under N.J.S.2C:64-1 et seq.
• Communications paraphernalia, computers, computer equipment, and computer software prohibited under subsections i. and j. are subject to forfeiture and may be seized by the State or any law enforcement officer under N.J.S.2C:64-1 et seq.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Theft of Services charge.

Related charges

• Burglary →
• Criminal Trespass →
• Arson →
• Criminal Mischief →
• Theft Grading in New Jersey →
• Theft by Unlawful Taking →
• Receiving Stolen Property →
• Shoplifting →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.