KRS § 514.060 — KY Code / Title L / Chapter 514 / Section 514.060
514.060 Theft of services
Status: in_force

514.060 Theft of services.

(1) A person is guilty of theft of services when:

(a) The person intentionally obtains services by deception or threat or by false

token or other means to avoid payment for the services which he or she knows

are available only for compensation;

(b) The person intentionally obtains wireless communications services or access

to services by any of the following means:

1. Unauthorized interception of any electronic serial number, mobile

identification number, personal identification number, or like identifying

number;

2. Unauthorized interception of any cellular service or personal

communications service as terms may be defined in 47 C.F.R. parts 22

and 24 respectively;

3. Unauthorized interception of any similar telephone service; or

4. Use of deception, threat, or other means to avoid payment for the

services which the person knows are available only for charge or

compensation; or

(c) Having control over or unauthorized access to the use of the services of others

to which the person is not entitled, the person intentionally diverts the services

to the person's own benefit or the benefit of another not entitled thereto.

(2) Where compensation for services is ordinarily paid immediately upon the rendering

of the services, as in the case of hotels and restaurants, refusal to pay or absconding

without payment or offer to pay shall be prima facie evidence that the services were

obtained by deception as to intention to pay.

(3) In any prosecution for theft of gas, water, electricity, or other public service, where

the utility supplying the service had installed a meter or other device to record the

amount of service supplied, proof that:

(a) The meter or other device has been altered, tampered with, or bypassed in a

manner so as to prevent or reduce the recording thereof; or

(b) Service has been, after having been disconnected by the utility supplying

service, reconnected without authorization of the utility

shall be prima facie evidence of the intent to commit theft of service by the person

or persons obligated to pay for service supplied through the meter or other device.

(4) Theft of services is a Class B misdemeanor unless:

(a) The value of the service is five hundred dollars ($500) or more but less than

one thousand dollars ($1,000), in which case it is a Class A misdemeanor;

(b) The value of the service is one thousand dollars ($1,000) or more but less than

ten thousand dollars ($10,000), in which case it is a Class D felony;

(c) A person has three (3) or more convictions under paragraph (a) of this

subsection within the last five (5) years, in which case it is a Class D felony.

The five (5) year period shall be measured from the dates on which the

offenses occurred for which the judgments of conviction were entered; or

(d) The value of the service is ten thousand dollars ($10,000) or more, in which

case it is a Class C felony.

(5) If any person commits two (2) or more separate offenses of theft of services within

ninety (90) days, the offenses may be combined and treated as a single offense, and

the value of the property in each offense may be aggregated for the purpose of

determining the appropriate charge.