Theft of services is a criminal offense in Utah that occurs when an individual obtains services they are not entitled to through deception, coercion, or other improper means. Unlike traditional theft, which involves taking physical property, theft of services involves using or benefiting from services without payment or authorization. These services can range from utilities to professional work, and the penalties depend on the value of the services stolen.
Salt Lake County Criminal Defense Lawyer
Theft of services charges can be daunting and require careful analysis to determine the best legal options for your situation. Susanne Gustin has the experience and expertise to evaluate your case and weigh the potential outcomes.
No matter the specifics of your case, Susanne Gustin is ready to work with you toward a favorable resolution. If you are facing theft by extortion allegations, call Susanne Gustin, Attorney at Law, at 801-243-2814 for a free consultation. Clients from Salt Lake County, Davis County, West Valley City, Layton, and surrounding areas are welcome.
Information Center for Theft of Services in Utah
- What is Theft of Services in Utah
- Penalties for Theft of Services in Utah
- Defenses Against Theft of Services in Utah
- Additional Resources
What Is Theft of Services in Utah?
Under Utah Code § 76-6-409, theft of services is defined as obtaining services with the intent to avoid payment or compensation. The statute states as follows:
An actor commits unlawful device for theft of service if the actor:
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makes or possesses an instrument, apparatus, equipment, or device for the use of, or for the purpose of, committing or attempting to commit theft under Section 76-6-409 or 76-6-409.3; or
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sells, offers to sell, advertises, gives, transports, or otherwise transfers to another person:
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an instrument, apparatus, equipment, or device; or
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any information, plan, or instruction for obtaining, making, or assembling an instrument, apparatus, equipment, or device, with intent that the instrument, apparatus, equipment, or device be used, or caused to be used, to commit or attempt to commit theft under Section 76-6-409or 76-6-409.3.
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Common examples of theft of services include:
- Unpaid Restaurant Bills (Dine and Dash)
Leaving a restaurant without paying for food or drinks consumed.
- Unauthorized Use of Utilities
Tampering with an electricity or water meter to receive services without proper billing.
- Hotel or Lodging Services
Staying at a hotel and leaving without paying the bill.
- Failure to Pay for Professional Services
Receiving legal, medical, or other professional services and refusing to pay after the service has been rendered.
- Cable or Internet Theft
Illegally connecting to or hacking into a cable or internet service to use it without paying.
- False Pretenses
Hiring a contractor or laborer and refusing to pay for the work completed.
Penalties for Theft of Services in Utah
The penalties for theft of services in Utah are based on the value of the services stolen. Like other theft-related offenses, the charge severity increases with the service value.
Class B Misdemeanor:
- Value: Less than $500.
- Penalties:
- Up to 6 months in jail and
- Fines up to $1,000.
Class A Misdemeanor:
- Value: $500 to $1,500.
- Penalties:
- Up to 1 year in jail and
- Fines up to $2,500.
Third-Degree Felony:
- Value: $1,500 to $5,000.
- Penalties:
- Up to 5 years in prison and
- Fines up to $5,000.
Second-Degree Felony:
- Value: $5,000 or more.
- Penalties:
- Up to 15 years in prison and
- Fines up to $10,000.
Defenses to Theft of Services Charges
There are several potential defenses to theft of services charges in Utah, depending on the circumstances:
Lack of Intent
The defendant did not intend to avoid payment or compensation. For example, a person may have genuinely forgotten to pay for a meal but had no intent to steal.
Mistake or Misunderstanding
The defendant believed the services were free or had already been paid for.
Consent or Authorization
The services were provided with the owner’s consent, or the provider waived the fee.
Dispute Over Value
A disagreement about the value or quality of the services provided may lead to a civil dispute rather than criminal charges.
Lack of Evidence
The prosecution must prove beyond a reasonable doubt that the defendant intentionally stole the services. If evidence is insufficient, the charges may not hold.
Additional Resources
- Utah Code § 76-6-409: Theft of services is a criminal offense in Utah that occurs when an individual obtains services they are not entitled to through deception, coercion, or other improper means.
- Theft and Property Crimes: Even for first-time offenders, theft and property crime allegations are serious charges. For second and third offenses, penalties are far more severe.
Hire a Criminal Defense Lawyer for Theft of Services in Salt Lake County, Utah
If you are facing charges for theft of services in Utah, it is essential to consult with an experienced criminal defense attorney. Susanne Gustin, Attorney at Law, has decades of experience defending clients against theft-related charges in Utah. She is dedicated to providing expert legal representation and fighting for the best possible outcome in your case.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
