5-25-7. THEFT OF SERVICES. Any person who intentionally:

Any person who intentionally:

  1. Obtains services which he knows are available only for compensation by fraud, extortion, force, or any other means designed to avoid the regular payment therefore; or
  2. Having control over the disposition of services of other, to which he is not entitled, diverts such services to his own benefit, or the benefit of another not entitled thereto; is guilty of theft.

When compensation for services is ordinarily paid immediately upon the rendering of such services, refusal to pay, or absconding without payment or offer to pay, gives rise to a presumption that the service was obtained by fraud as to the intent to pay.

The word “services” includes, but is not limited to labor, professional services, telephone or other public service, accommodation in motels, restaurants or elsewhere, admissions to places for which a charge for admission is made, the use of vehicles, or use of any other movable or real property.

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