Theft of Service in Texas

Theft of service is a crime that occurs when someone intentionally avoids paying for a service they agreed to use or misleads a provider to receive services without paying. While it may sound straightforward, the legal nuances of this offense can be complex. Whether you’re a defendant or just someone curious about the law, understanding the details of theft of service in Texas is crucial.

This article breaks down what theft of service entails, the legal consequences, possible defenses, and other related information to help you navigate this topic.

Texas Law Theft of Service 

Under Texas Penal Code §31.04, theft of service occurs when an individual, with intent to avoid payment, knowingly:

1. Obtains services by deception, threat, or false token.
2. Diverts another’s services to their own benefit without authorization.
3. Fails to return rented or leased personal property within a specified period, as outlined in the rental agreement.
4. Intentionally avoids payment for services rendered by providers like hotels, restaurants, or utilities.

The key factor is intent—the prosecution must prove the accused intended to avoid payment at the time of receiving the service or using the property.

Theft of Service vs. Theft of Property

While they might sound similar, theft of service and theft of property are distinct offenses. Theft of service involves intangible benefits like labor, lodging, or utilities, whereas theft of property deals with tangible items like goods or money. Both crimes fall under Texas theft laws but have different elements and legal implications.

Examples of Theft of Service

To better understand how theft of service might happen, here are a few examples:

1. Not Returning Rented Equipment: Renting tools or vehicles and failing to return them by the agreed-upon deadline without communicating with the rental company.
2. Utility Tampering: Diverting electricity or gas by tampering with a meter or bypassing the utility provider’s system.
3. Unpaid Hotel Stays: Staying at a hotel and leaving without settling the bill.
4. Service Fraud: Using a fake check or false identification to obtain services like catering or repairs.

Penalties for Theft of Service in Texas

The penalties for theft of service in Texas depend on the value of the service stolen. The law divides these offenses into misdemeanors and felonies based on the monetary amount involved:

• Class C Misdemeanor: For services valued under $100. Punishable by a fine of up to $500
• Class B Misdemeanor: For services valued between $100 and $750. Punishable by up to 180 days in jail and a fine of up to $2,000
• Class A Misdemeanor: For services valued between $750 and $2,500. Punishable by up to one year in jail and a fine of up to $4,000

For services valued over $2,500, the offense becomes a felony:

• State Jail Felony: $2,500 to $30,000. Punishable by 180 days to two years in state jail and a fine of up to $10,000
• Third-Degree Felony: $30,000 to $150,000
• Second-Degree Felony: $150,000 to $300,000.
• First-Degree Felony: Over $300,000. Punishable by five to 99 years in prison and a fine of up to $10,000

Defenses Against Theft of Service Charges

If you’ve been accused of theft of service, several legal defenses may apply depending on the circumstances:

1. Lack of Intent: If you can demonstrate you intended to pay for the service but were unable to due to unforeseen circumstances, this could be a valid defense.
2. Mistaken Identity: In some cases, mistaken identity or clerical errors could result in wrongful accusations.
3. Consent from the Provider: If the service provider agreed to delayed payment or an extended rental, this could negate claims of theft.
4. Disputes Over Agreements: Misunderstandings about the terms of a contract or rental agreement might absolve you of criminal liability.

Arrested? Don’t Plea, Call Me!

Understanding the intricacies of theft of service in Texas is essential, whether you’re facing charges or trying to protect yourself as a service provider. This crime carries serious consequences, and the key to navigating it lies in recognizing the importance of intent, knowing your rights, and seeking proper legal representation.

If you or a loved one is accused of theft of service, don’t face the complexities of the legal system alone. At Texas Criminal Defense Group, our experienced attorneys are here to protect your rights and help you build a strong defense.