Theft of services
Encyclopedia
Theft of services is the legal term for a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider of said services. It may also overlap with some types of fraud
in which payment is made on credit, but under an assumed identity, and ultimately disavowed ("Identity theft
"). The most common form of this happening is when a person uses uses someone elses wifi without asking.
, and may be either a misdemeanor
or a felony
, based upon the value of the services illegally obtained. This category encompasses a wide variety of criminal activity including, but not limited to, tampering with (or bypassing) a utility meter so that the true level of consumption is understated; leaving a hotel or restaurant or similar establishment without paying for the service; and "turnstile jumping
" or other methods of evading the payment of a fare or fee when using a public transit vehicle or entering a private facility normally requiring payment (e.g., jumping over the fence at a fair or rock concert). Theft of services also occurs in the taxi industry, when a passenger in a taxi flees from the taxi to avoid paying the fee.
Theft of this sort should not be confused with reasonable rejection, where, for example, a customer does not pay because the services provided were not as advertised or because the services did not meet reasonable standards of quality. For example, if a roofer installs a new roof, but the roof leaks, the customer might be able to withhold payment until the leak has been fixed without this withholding of payment being considered as larceny.
These statutes have also, on occasion, been applied in the realm of health care
, when hospitals or other health-care providers have pressed criminal charges against indigent, uninsured patients who were unable to pay for their treatment. One such instance was reported in the October 30, 2003, edition of the Wall Street Journal, involving two hospitals in the Champaign-Urbana, Illinois
, area which were engaging in this practice. This scenario has prompted intense criticism, and is a key issue in the call for a major overhaul of the health-care system in the United States
.
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
in which payment is made on credit, but under an assumed identity, and ultimately disavowed ("Identity theft
Identity theft
Identity theft is a form of stealing another person's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name...
"). The most common form of this happening is when a person uses uses someone elses wifi without asking.
Types
Crimes of this sort are typically prosecuted as larcenyLarceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
, and may be either a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
or a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, based upon the value of the services illegally obtained. This category encompasses a wide variety of criminal activity including, but not limited to, tampering with (or bypassing) a utility meter so that the true level of consumption is understated; leaving a hotel or restaurant or similar establishment without paying for the service; and "turnstile jumping
Fare evasion
Fare evasion, as distinct from fare avoidance, is the act of travelling on public transport in disregard of the law and/or regulation, having deliberately not purchased the required ticket to travel . It is a problem in many parts of the world, and revenue protection officers operate on many systems...
" or other methods of evading the payment of a fare or fee when using a public transit vehicle or entering a private facility normally requiring payment (e.g., jumping over the fence at a fair or rock concert). Theft of services also occurs in the taxi industry, when a passenger in a taxi flees from the taxi to avoid paying the fee.
Theft of this sort should not be confused with reasonable rejection, where, for example, a customer does not pay because the services provided were not as advertised or because the services did not meet reasonable standards of quality. For example, if a roofer installs a new roof, but the roof leaks, the customer might be able to withhold payment until the leak has been fixed without this withholding of payment being considered as larceny.
These statutes have also, on occasion, been applied in the realm of health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
, when hospitals or other health-care providers have pressed criminal charges against indigent, uninsured patients who were unable to pay for their treatment. One such instance was reported in the October 30, 2003, edition of the Wall Street Journal, involving two hospitals in the Champaign-Urbana, Illinois
Champaign, Illinois
Champaign is a city in Champaign County, Illinois, in the United States. The city is located south of Chicago, west of Indianapolis, Indiana, and 178 miles northeast of St. Louis, Missouri. Though surrounded by farm communities, Champaign is notable for sharing the campus of the University of...
, area which were engaging in this practice. This scenario has prompted intense criticism, and is a key issue in the call for a major overhaul of the health-care system in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
See also
- Uttering and publishing, including use of forged passes, tickets, coupons, etc.
- FraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, specifically to obtain services. - Blue box, red box: theft of telephone service, usually toll charges, using a tone generator.
- Cable theftCable theftCable theft is the act of obtaining unauthorized access to cable television services. With the advent of digital cable, cases of people obtaining illegal service are less common. Digital cable can be more secure and can be very difficult to crack, although this is wholly dependent on the security...
, illegal access to cable televisionCable televisionCable television is a system of providing television programs to consumers via radio frequency signals transmitted to televisions through coaxial cables or digital light pulses through fixed optical fibers located on the subscriber's property, much like the over-the-air method used in traditional...
systems.