N.J. Model Criminal Jury Charge, N.J.S.A. 2C:20-8a

Revised 3/22/99

THEFT OF SERVICES

(N.J.S.A. 2C:20-8a)

The defendant is charged with committi ng the offense of theft of services.

That section of our statut e reads in pertinent part:

A person is guilty of theft if he purposely obtains services which

he knows are available only for compensation, by deception or

threat, or by false token, slug, or other means, including but not

limited to mechanical or electronic devices or through fraudulent

statements, to avoid payment for the service.

The State must prove, beyond a reasonable doubt , each of the following elements of the

crime:

(1) that defendant pur posely obtained a service;

(2) that defendant knew the services were available only for compensation;

(3) that defendant obtained the services by deception (or threat, or by a false

token, etc.);

(4) that defendant’s purpose was to avoid payment.

The first element that the State must prove beyond a reasonable doubt is that the

defendant purposely obtained a service. “Obtai n” means to secure the performance of the

service, whether for one's own benefit or for the benefit of another.

A person acts purposely with respect to the nature of his/her conduct or a result thereof if

it is his/her conscious object to engage in conduct of that nature or to cause such a result. A

person acts purposely with respect to attendant circumstances if he /she is aware of the existence

of such circumstances or he/she believes or hopes that they exist.

The second element that the State must prove beyond a reasonable doubt is that the

defendant knew the services were available only for compensation.

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances if a person is aware that his/her conduct is of that nature, or that such

circumstances exist or a person is aware of a hi gh probability of their existence. A person acts

knowingly with respect to a result of his/her conduct if a person is aware that it is practically

certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with

knowledge, if one acts consciously, if he/she comprehends his/her acts.

THEFT OF SERVICES

N.J.S.A. 2C:20-8a

Purpose and knowledge are conditions of the mind which cannot be seen and can only be

determined by inferences from conduct, words or acts. A state of mind is rarely susceptible of

direct proof, but must ordinarily be inferred fr om the facts. Therefore, it is not necessary,

members of the jury, that the State produce witnesses to testify that the defendant said he/she had

a certain state of mind when he/she engaged in a particular act. It is wi thin your power to find

that such proof has been furnished beyond a re asonable doubt by inferences which may arise

from the nature of his/her acts and his/her conduc t, and from all he/she said and did at the

particular time and place, and from all of the surrounding circumstances.

Services include labor, professional service, transportation, telephone (including using,

selling, or possessing a computer to deprive a telephone company of its charges), or other public

service, accommodation in hotels, restaurants or elsewhere, entertainment, admissions to

exhibitions and use of vehicles or other movable property.

The third element that the State must prove beyond a reasonabl e doubt is that the

defendant obtained the services by deception. A person “deceives” if he/she “purposely creates

or reinforces a false impression, including false impressions as to law, value, intention or other

state of mind; but deception as to a person’s inten tion to perform a promise shall not be inferred

from the fact alone that he/she did not subsequently perform the promise.”

1 A person also

deceives when he/she “prevents another from acquiring information which would affect (his/her)

judgment of a transaction; or fa ils to correct a false impression which the deceiv er previously

created or reinforced, or which the deceiver know s to be influencing another to whom he/she

stands in a fiduciary or confidential relationship.”2

“Threat” means a communicated intent to inf lict physical or other harm on any person or

on property.3

“By a false token” means a false document or sign of the existence of a fact, in general,

used for the purposes of fraud. It is a device used to ob tain money by false pretenses. 4 For

example, the use of a slug is use “by a false token.” A slug is an object or article which by virtue

of its size, shape, or any othe r quality is capable of being inserted or deposited in a coin,

1 N.J.S.A. 2C:20-4a.

2 N.J.S.A. 2C:20-4b and c.

3 Black’s Law Dictionary, 6th ed.

4 Black’s Law Dictionary, 6th ed.

THEFT OF SERVICES

N.J.S.A. 2C:20-8a

currency, or credit card activated machine as an improper substitute for money.5

The fourth element that the State must prove beyond a reasonable doubt is that the

defendant’s purpose was to avoid payment.

[CHARGE WHERE APPROPRIATE]

Where compensation for service is ordinar ily paid immediately upon the rendering of

such service, as, for example, in hotels or re staurants, where a person absconds without payment

or offer to pay, you may infer that absconding without payment or offer to pay gives rise to an

inference that service was obtained by deception as to intention to pay.6

An inference is a deduction of fact that may be drawn logically and reasonably from

another fact or group or facts established by the evidence. Whether or not an inference should be

drawn is for you to decide using your own co mmon sense, knowledge and everyday experience.

Ask yourselves is it probable, logical and reasonable. Howeve r, you are never required or

compelled to draw an inference. You alone decide whether the facts and circumstances shown by

the evidence support an inference and you are always free to draw or not to draw an inference. If

you draw an inference, you should weigh it in co nnection with all the other evidence in the case

keeping in mind that the burden of proof is upon th e State to prove all the elements of the crime

beyond a reasonable doubt.7

[CHARGE IN ALL CASES]

In conclusion:

If you find that the State has failed to prove any one of the elements beyond a reasonable

doubt, then you must find the defendant not guilty.

However, if the State has proven each el ement beyond a reasonable doubt, then you must

find the defendant guilty of theft services.

(If affirmative defense of claim of right is raised, charge here.

(N.J.S.A

. 2C:20-2(c))

(If applicable, charge here on Gradation of Theft Offenses.

(N.J.S.A. 2C:20-2(b))

5 N.J.S.A. 2C:21-18.

6 N.J.S.A. 2C:20-8a.

7 See N.J.S.A. 2C:20-8l for other inferences that may be applicable.