§ 5-36-104 - Theft of services.
               	 		
5-36-104.    Theft of services.
    (a)  A person commits theft of services if, with purpose to defraud:
      (1)  The  person purposely obtains a service that he or she knows to be available  only for compensation, by deception, threat, or other means to avoid  payment for the service; or
      (2)  Having  control over the disposition of a service to which he or she is not  entitled, the person purposely diverts the service to his or her own  benefit or to the benefit of another person not entitled to the service.
(b)  In  a circumstance in which payment is ordinarily made immediately upon the  rendering of a service, absconding without payment or offer to pay  gives rise to a presumption that the actor obtained the service with the  purpose of avoiding payment.
(c)  Theft of services is a:
      (1)  Class B felony if:
            (A)  The value of the service is two thousand five hundred dollars ($2,500) or more;
            (B)  The  service is obtained by the threat of serious physical injury to any  person or destruction of the occupiable structure of another person;
            (C)  The  service is obtained by threat, and the actor stands in a confidential  or fiduciary relationship to the person threatened; or
            (D)  The theft of services involves a theft of a utility service that results in:
                  (i)  Any contamination of a lines, pipe, waterline, meter, or other utility property; or
                  (ii)  A spill, dumping, or release of any hazardous material into the environment;
      (2)  Class C felony if:
            (A)  The value of the service is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or
            (B)  The service is obtained by threat; or
      (3)  Class A misdemeanor if the theft of services:
            (A)  Involves  a theft of a utility service that results in the destruction or damage  to a line, pipe, waterline, meter, or any other property of the utility  of less than five hundred dollars ($500) in value; or
            (B)  Is otherwise committed.
(d)    (1)  In  addition to any other fine that may be levied under    5-4-201, any  person found guilty of theft of services under this section is required  to make full restitution to the utility from which the service was  obtained if the theft of services involves the theft of a utility  service such as a gas, electricity, water, telephone, or cable  television service.
      (2)  For a  prosecution brought under this subsection to enable the court to  properly fix the amount of restitution, after appropriate investigation  the prosecuting attorney shall recommend an amount that would make the  utility whole with respect to:
            (A)  The value of the service received;
            (B)  The cost of repair of any damage to any:
                  (i)  Line;
                  (ii)  Pipe;
                  (iii)  Waterline;
                  (iv)  Meter; or
                  (v)  Other utility property; and
            (C)  Any other measurable monetary damage directly related to the offense, including the expense of investigation.
      (3)  If  the defendant disagrees with the recommendation of the prosecuting  attorney, he or she is entitled to introduce evidence in mitigation of  the amount recommended.
      (4)  The  monetary judgment for restitution, as provided in this section, becomes a  judgment against the offender and has the same force and effect as any  other civil judgment recorded in this state.