Sec. 14-58. Theft of services.

 

(1) A person commits theft if he or she obtains services, which he or she knows are available only for compensation, by deception or threat or by false token or other means to avoid payment for the service. Services include labor, professional service, telephone service, electric service, cable television service, or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other movable property. When compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.

 

(2) A person commits theft if, having control over the disposition of services of others to which he or she is not entitled, he or she diverts such services to his or her own benefit or to the benefit of another not entitled thereto.

 

(3) For purposes of this subsection, telecommunications service shall include, but not be limited to, telephone service and cable television service, and device shall include, but not be limited to, instrument, apparatus, equipment, and plans or instructions for making or assembling the same.

 

A person commits theft if he or she:

 

(a) Knowingly makes or possesses any device designed to or commonly used to obtain telecommunications service fraudulently from a licensed cable television franchisee with the intent to use such device in the commission of an offense described in subsection (1) of this section;

 

(b) Knowingly tampers with, interferes with, or connects to any cables, wires, converters, or other devices used for the distribution of telecommunications services by any mechanical, electrical, acoustical, or other means without authority from the operator of the service with the intent of obtaining telecommunications service fraudulently; or

 

(c) Sells, gives, transfers, or offers or advertises for sale a device which such person knows or should know is intended to be used for the purpose of obtaining telecommunications service fraudulently.

 

Source:  Ord. No 3699, 1, 4-2-90

State law reference--Similar provision, R.R.S. 1943, 28-515.