Del. P.J.I. Crim. No. 11.845(a)

THEFT OF SERVICES

In order to find Defendant guilty of Theft of Services, you must find the State

has proved the following four (4) elements beyond a reasonable doubt:

(1) Defendant obtained services provided by another;

(2) Defendant knew the services must be paid for;

(3) Defendant made a false representation, or installed or tampered with any

facility or equipment, in order to avoid payment; and

(4) Defendant intended to appropriate the services for Defendant’s own

benefit.

[The State contends that the value of the services is $1,500 or more. Therefore,

in order to find Defendant guilty, you must find beyond a reasonable doubt the value

of the serivces is $1,500 or more.

“Value” means the market value of the services at the time and place of the

crime, or if that cannot be easily determined, the cost of duplicating the services

within a reasonable time after the crime occurred.]

[It is a rebuttable presumption that Defendant intended to engage in theft of

services by installing or tampering with any facility or equipment owned by the

service provider.]

[It is a rebuttable presumption that Defendant obtained the services with the

intent to avoid payment, or to enable others to avoid payment for the services.]

“Intentionally” means Defendant intended to appropriate the services for

Defendant’s own benefit.

"Services" means labor or professional service; transportation, telephone, gas,

electricity, or other public service; accommodation in hotels, restaurants or elsewhere;

admission to exhibitions; and the use of vehicles or other moveable property.

"Appropriate" means to exercise control over someone else’s services

permanently, or for such an extended period of time so as to obtain a major part of the

service’s economic value.