Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
Under N.J.S.A. 2C:20-8, it is theft to purposely obtain services you know are only available for payment, by deception, threat, a false token or other means, to avoid paying. Leaving a restaurant or hotel without paying creates a presumption that you never meant to pay. The grade follows the value under N.J.S.A. 2C:20-2: under $200 is a disorderly persons offense, $200 to $500 is fourth degree, over $500 is third degree, and $75,000 or more is second degree. Every conviction also carries restitution and a minimum $500 fine.
What counts as theft of services
Subsection a. covers purposely obtaining a service you know is available only for compensation, by deception or threat, by a false token or slug, or by other means such as mechanical or electronic devices or fraudulent statements, to avoid payment. "Services" is broad:
- Labor or professional services
- Transportation, telephone, telecommunications, electric, water, gas, cable television and other public services
- Accommodation in hotels, restaurants or elsewhere
- Entertainment and admission to exhibitions
- Use of vehicles or other movable property
Diverting services you control
Subsection b. covers a different situation: someone who controls the services of another (for example, an employee or contractor) and knowingly diverts them to their own benefit, or to someone else who is not entitled to them.
The restaurant and hotel presumption
Where payment is normally due right when the service is given, as in hotels and restaurants, leaving without paying or offering to pay creates a presumption that the service was obtained by deceiving the business about your intention to pay. A presumption is not a conviction. A dead phone, a declined card, or a friend who was supposed to pay can all matter, and the State still has to prove purpose beyond a reasonable doubt.
How the grade is set
| Value of the services | Grade | Court | Ordinary prison range |
|---|---|---|---|
| Less than $200 | Disorderly persons offense | Municipal | Up to 6 months in jail |
| $200 to $500 | Fourth-degree crime | Superior | Up to 18 months |
| More than $500 and less than $75,000 | Third-degree crime | Superior | 3 to 5 years |
| $75,000 or more | Second-degree crime | Superior | 5 to 10 years |
Prison ranges come from N.J.S.A. 2C:43-6 (crimes) and 2C:43-8 (disorderly persons offenses). Under the last paragraph of 2C:20-2(b), amounts taken in one scheme or course of conduct can be added together to set the grade.
Utility, cable and telecom offenses
| Subsection | Conduct | Grade |
|---|---|---|
| c. | Connecting to, or tampering with, the wires, meters, pipes or conduits of an electric, gas or water vendor, to defraud | Disorderly persons offense |
| d. | Tampering with or bypassing an electric meter so it does not record the full amount supplied | Disorderly persons offense |
| e. | Tapping, cutting or connecting to cable television equipment to get service without paying | Disorderly persons offense |
| f. | Making, selling, distributing or installing devices to get cable television without paying | Disorderly persons offense |
| g. | Possessing such a cable device, or one actually used, to avoid paying | Disorderly persons offense |
| h. | Using telecommunications service through unauthorized devices, billing information, computers or misleading information, to avoid the phone company's charges | Third-degree crime |
| i. | Making, selling or providing devices, software or services meant to get telecommunications service without paying | Third-degree crime |
| j. | Possessing such telecommunications devices or software, or ones actually used | Third-degree crime |
For subsections c. and d., the tampered condition is presumptive evidence against the person being supplied, but that presumption does not apply to anyone supplied for less than 31 days or before at least one meter reading. Violations of c. and d. are continuing offenses while the condition exists. Devices and equipment under f., g., i. and j. can be seized and forfeited.
Mandatory restitution and the $500 minimum fine
Subsection k. says every person who violates 2C:20-8 must pay restitution to the vendor and a minimum fine of $500 for each offense, in addition to any other sentence. Restitution can include the vendor's repair and replacement costs, the value of the services, investigation expenses and the vendor's attorney fees. The presumptions in subsections c., d., e. and h. also apply to prosecutions under subsections a. and b.
Common situations
- Leaving a restaurant, bar or hotel without paying (often called dine and dash)
- Skipping a taxi, rideshare, limousine or tow bill
- Not paying a contractor, mechanic or other professional after the work is done, when the State claims there was never an intent to pay
- Meter tampering or illegal hookups for electric, gas or water
- Unauthorized cable or telecom connections, devices or billing information
- Keeping a rental car or equipment past the agreed time without paying
Common defense issues
- Intent: a billing dispute, a misunderstanding or a payment problem is not the same as purposely avoiding payment
- Whether the presumption applies, and the facts that rebut it
- Value: how the State calculates the amount, and whether separate incidents can properly be added together
- Claim of right: under 2C:20-2(c), an honest claim of right to the service is an affirmative defense
- For meter and utility cases, the 31-day and first-meter-reading limits on the presumption
- Diversion options, such as conditional dismissal in municipal court or PTI for indictable charges
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
- Theft & Shoplifting
How New Jersey grades theft and shoplifting by value under N.J.S.A. 2C:20-2 and 2C:20-11, mandatory community service for shoplifting, and defense options.
Frequently asked questions
Is dine and dash a crime in New Jersey?
It is theft of services under N.J.S.A. 2C:20-8. Leaving a restaurant without paying creates a presumption that you never meant to pay. A bill under $200 is a disorderly persons offense; $200 to $500 is a fourth-degree crime.
What is the fine for theft of services in New Jersey?
Subsection k. requires a minimum fine of $500 for each offense plus restitution to the vendor, in addition to any other penalty for the grade.
Is electric meter tampering a crime in New Jersey?
Tampering with an electric meter so it does not record the full amount is a disorderly persons offense under 2C:20-8(d). The presumption of intent does not apply to someone supplied for less than 31 days or before one meter reading.
When is theft of services a felony in New Jersey?
New Jersey uses degrees instead of the word felony. Theft of services over $500 is a third-degree crime, $75,000 or more is second degree, and the telecommunications offenses in subsections h., i. and j. are third degree regardless of value.
Can theft of services be resolved without a conviction?
Depending on the facts and your record, options can include conditional dismissal in municipal court or Pretrial Intervention (PTI) for indictable charges. Restitution is often part of any resolution.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.