Theft of Services in Texas: Penalties, Charges, and Defenses

The “services” which can be stolen under Texas law may be any one of a number of things, such as the following:

• The labor of workers
• Professional services such as those of accountants and others
• Transportation services
• Lodging in hotels and motels
• Meals in restaurants
• Entertainment
• Gaining access to cable television by illegally connecting to a cable distribution device
• Gaining access to and using a WiFi connection which a person is not entitled to use
• Car rentals.

Criminal theft of services occurs when a perpetrator uses deception, threat or false token to obtain services and does not pay what is owed to the provider of the services. “False token” is a legal term that means an object or document that one person presents to another as genuine but is actually counterfeit, forged or otherwise fraudulent. So, the perpetrator of theft of services might present something to the victim that appears to be valid payment, it is not in fact.

In theft of services, a false token would be used to deceive the provider of services into believing it is genuine. This would prompt the other person to provide services or labor. So a “false token” is a material instrument of deception used to perpetrate theft or fraud.

A Texas lawyer consultation would help a person understand the crime of theft of services.

What Are Common Examples of Theft of Services in Texas

Some examples of theft of services are such conduct as a customer in a restaurant ordering and consuming a meal and then leaving without paying. Other examples are as follows:

• Using public transportation and not paying the fare
• Staying in a hotel room and leaving without paying for it
• Altering a gas or electric meter so as to pay less on the bill
• Failing to pay a contractor for repair work completed.

What Is the Punishment for Theft of Services in Texas?

The crime of theft of services can be charged as a Class C misdemeanor or one of a number of classes of felonies. As with other theft crimes, how it is charged depends mostly on the value of the services that are stolen. The crimes that can be charged and the possible punishment for each are as follows:

• If the value of the services is less than $100, the crime is a Class C misdemeanor, punishable by payment of a fine of up to $500.
• If services are valued between $100 and $749, the crime is a Class B misdemeanor, punishable by payment of a fine of up to $2,000 and incarceration in jail for up to 180 days.
• If the services are valued between $750 and $2,499, the crime is a Class A misdemeanor. The punishment would be payment of a fine of as much as $4,000 and incarceration in jail for up to 180 days.
• If the services have a value of between $2,500 and $29,999, the crime is charged as a state jail felony, which can be punished by a term of incarceration in state prison for up to 2 years and payment of a fine of up to $10,000.
• If the services have a value of between $30,000 and $149,999, it would be charged as a third-degree felony. The possible punishment is incarceration in prison for 2 to 10 years and payment of a fine of as much as $10,000.
• If the services have a value of between $150,000 and $299,999, it would be charged as a second-degree felony, punishable by incarceration in prison for 2 to 20 years and payment of a fine of up to $10,000.
• If the services have a value over $300,000, the crime is charged as a first-degree felony punishable by incarceration in prison for 5 to 99 years and payment of a fine of up to $10,000.

Of course, having a record of conviction for a crime has other consequences for a person as well. A criminal conviction can cause problems for a person in connection with employment, education, and housing opportunities. A Texas lawyer can explain the complexities of how criminal sentencing works after a person is convicted of a crime in Texas.

What Are the Key Defenses to Theft of Services Charges in Texas?

Under Texas law, an affirmative defense arises when the defendant obtained the service at issue by doing one of the following:

• Giving the provider of the service a post-dated check or similar sight order and
• The person performing the service was given the check or sight order for payment for the service before the date on the check or sight order.

For the check or sight order to be considered a legitimate, negotiable instrument under the law, it must have the following characteristics:

• It must be an unconditional order to pay a specific amount of money.
• It must be signed by the person who issues the check or sight order.
• It must be payable on demand or at another specified time.
• It must be made payable to “order” or to “bearer.”
• It must not include other unauthorized promises or tasks.

Sight drafts are legal instruments that are used in international trade and finance. They work much like checks, promising immediate payment when they are presented at a bank. They are seen as offering security to both sellers and buyers in commercial transactions, and they reduce risks associated with delays in payment for goods or services.

Other common defenses include:

• Entitlement: The person who received the services was entitled to them for some legitimate reason.
• Lack of Intent: The perpetrator lacked the intent to steal the services.
• Lack of Evidence: There is a lack of credible evidence, so the prosecution has not proven the defendant’s guilt beyond a reasonable doubt.
• Mistaken Identity: In some cases, mistaken identity or clerical errors could result in wrongful accusations.
• Consent from the Provider: The service provider may have agreed to delayed payment or an extended rental period and this could negate claims of theft.
• Disputes Over Agreements: A defendant may show that there was a misunderstanding about the terms of a contract or a rental agreement that absolves them of criminal responsibility.

What Evidence Helps Support a Theft of Services Defense?

The prosecutor of a crime must always prove the guilt of a defendant beyond a reasonable doubt. Any evidence that is “credible,” i.e., invites jurors to believe it is reliable and proves a fact at issue in a case, would help the prosecution win a conviction for theft of services. The elements of the crime that the prosecution must prove are as follows:

• The perpetrator intended to obtain a service without paying for it and did so knowingly.
• The perpetrator obtained the services through the use of deception, threat, or false token.
  • The perpetrator may have diverted services intended for another person to their own benefit without authorization, or
  • The perpetrator failed to return rented personal property within a specified period, as required by their rental agreement, or
  • The perpetrator avoided paying for services rendered by providers such as hotels, restaurants, or utilities.

The key factor is the perpetrator’s intent. The prosecution must prove that the perpetrator intended to avoid payment when they received the service.

When Should I Talk to a Texas Theft Defense Lawyer?

If you have been charged with theft of services, you want to consult a Texas criminal defense lawyer. Your lawyer can review the facts of your case and identify any defenses that may be available to you. Or, your lawyer may be able to negotiate a plea agreement that results in less harsh punishment than seems likely at first glance.

An experienced and qualified Texas criminal defense lawyer can provide you with the representation needed for your case.