When people hear the word theft, they often think about physical property being taken from a store, business, or individual. Texas law, however, also recognizes a separate offense involving the unlawful acquisition or use of services without paying for them.
A theft of services allegation can arise in situations involving utilities, professional services, repairs, lodging, transportation, or other services provided for compensation. Because these cases can involve contracts, invoices, payments, and disagreements about whether a service was properly provided, the underlying facts can be more complicated than a simple allegation of nonpayment.
Texas Penal Code §31.04 specifically addresses theft of services. The statute focuses on situations where a person acts with intent to avoid payment for a service that the person knows is provided only for compensation.
If you are facing this type of allegation, a theft criminal defense lawyer can examine the transaction, the applicable statute, the parties’ communications, and the evidence supporting the accusation.
What Is Theft of Services in Texas?
Texas Penal Code §31.04 provides that a person commits theft of service when, with intent to avoid payment for a service the person knows is provided only for compensation, the person engages in conduct specified by the statute.
The statute includes several different circumstances under which an allegation may arise.
For example, the statute addresses situations involving obtaining services through deception, threat, or a false token, as well as certain circumstances involving control over the disposition of services or failure to compensate after receiving services under specified conditions.
This means that simply having an unpaid bill does not necessarily answer every legal question in a theft-of-services case.
The precise facts and statutory subsection matter.
An Unpaid Bill Is Not Automatically Theft
A dispute over payment can have many explanations.
A customer may claim that:
- The service was incomplete
- The service was defective
- The amount charged was disputed
- The parties had a different understanding of the price
- Payment had already been made
- A refund was expected
- The service provider failed to meet an agreement
- An invoice contained an error
- The parties were negotiating a payment arrangement
These circumstances can be important because a criminal theft allegation involves statutory requirements beyond simply showing that money remains unpaid.
A defense attorney can examine whether the available evidence actually supports the prosecution’s theory.
Contracts and Agreements Can Become Important
The relationship between the service provider and customer may provide important context.
Depending on the circumstances, an attorney may review:
- Written contracts
- Estimates
- Invoices
- Receipts
- Payment agreements
- Emails
- Text messages
- Cancellation policies
- Work orders
- Service records
- Refund communications
These documents can help establish what services were requested, what price was agreed upon, what was actually provided, and what the parties understood about payment.
A disagreement over contractual performance should not automatically be treated as proof of criminal intent.
Intent to Avoid Payment Matters
Section 31.04 specifically refers to acting with intent to avoid payment for a service that the person knows is provided only for compensation.
That makes the person’s alleged intent an important part of the legal analysis.
A defense lawyer may therefore examine the circumstances surrounding the payment dispute.
For example, evidence that a person attempted to resolve an invoice, disputed a charge, made partial payments, communicated with the provider, or believed the account had already been resolved may provide context that needs to be considered.
The relevance of any particular fact depends on the language of the charge and the circumstances of the case.
Different Types of Services Can Lead to Different Evidence
The evidence in a theft-of-services case can vary considerably depending on the service involved.
A dispute involving home repairs may involve estimates, contracts, photographs, invoices, and communications between a contractor and customer.
A lodging-related allegation may involve reservation records, payment information, identification records, and hotel communications.
A utility-related case may involve account records, usage information, billing history, and service records.
Because the evidence differs from case to case, defense counsel should examine the particular transaction rather than applying a generic approach.
Electronic Communications May Provide Important Context
Many service transactions now occur through electronic communications.
Emails and text messages may show:
- What the customer requested
- What price was discussed
- Whether additional work was authorized
- Whether the customer disputed the invoice
- Whether payment was promised
- Whether the service provider agreed to a refund
- Whether the parties attempted to resolve the dispute
These communications may help establish a chronology of the relationship.
However, individual messages should be considered in context. A single text message may not reflect the complete agreement or conversation.
Payment Records Can Be Relevant
Financial records may also become important.
Depending on the circumstances, defense counsel may examine:
- Bank statements
- Credit-card records
- Electronic payment confirmations
- Checks
- Receipts
- Payment-app records
- Refund documentation
Such records may help determine whether payment was actually made, partially made, attempted, reversed, or disputed.
The purpose of reviewing these records is to establish what actually happened rather than relying solely on competing descriptions of the transaction.
The Difference Between a Criminal Case and a Civil Dispute
Some disputes over services are fundamentally disagreements about contracts, payment, workmanship, or business relationships.
That does not mean a criminal investigation cannot occur. However, the existence of a contractual or financial dispute does not eliminate the need to establish the statutory requirements of a theft offense.
A theft criminal defense lawyer can evaluate whether the allegations involve conduct that falls within Texas Penal Code §31.04 and whether the available evidence supports the required elements.
This distinction can be particularly important when the dispute began as a business or consumer disagreement.
What Evidence Might the Prosecution Examine?
Depending on the circumstances, investigators or prosecutors may review:
- Statements from the service provider
- Contracts
- Invoices
- Payment records
- Account histories
- Emails
- Text messages
- Business records
- Employee statements
- Surveillance footage
- Electronic transaction records
The prosecution’s evidence should be examined carefully rather than viewed as conclusive simply because it appears in an investigative file.
Defense counsel can compare documentary evidence with witness statements and the actual terms of the transaction.
The Classification of the Offense Matters
The potential classification of a theft-of-services offense depends on the applicable statutory provisions and circumstances.
That classification can affect the court handling the matter and the potential consequences of a conviction.
For felony matters, Bexar County’s Criminal District Courts have original jurisdiction over felony criminal cases.
Bexar County’s Criminal Operations also handles felony indictments, subpoenas, first settings, appeals, and post-conviction writs.
A defendant should therefore understand not only the accusation itself but also the procedural status and classification of the case.
What a Theft Criminal Defense Lawyer Can Investigate
A defense attorney may begin by identifying exactly what the prosecution alleges occurred.
The investigation may involve:
- Reviewing the charging documents.
- Examining the contract or service agreement.
- Reviewing invoices and payment records.
- Analyzing communications between the parties.
- Identifying relevant witnesses.
- Reviewing business or account records.
- Determining how the alleged nonpayment occurred.
- Examining evidence concerning the defendant’s knowledge and intent.
- Identifying inconsistencies or missing information.
The goal is to understand the complete transaction and determine how the available evidence relates to the statutory requirements.
Why Preserving Documents Can Matter
If you are involved in a service-related criminal investigation, potentially relevant documents should be preserved.
That may include emails, text messages, contracts, receipts, payment confirmations, photographs, invoices, and other records relating to the transaction.
Do not alter or delete potentially relevant communications simply because they appear unfavorable. Instead, discuss the records with your attorney.
Preserving the original information can allow counsel to evaluate the entire history of the transaction.
Choosing a Theft Criminal Defense Lawyer
When selecting a theft criminal defense lawyer, consider whether the attorney has experience handling Texas property offenses and understands how financial or contractual evidence can affect a criminal case.
Useful questions may include:
- Have you handled theft-of-services allegations?
- What specific subsection of Texas Penal Code §31.04 is involved?
- What evidence does the prosecution appear to have?
- Are there contracts or payment records that should be reviewed?
- Does the case involve a broader civil or business dispute?
- What is the current procedural stage of the case?
An attorney should provide a realistic assessment based on the available evidence rather than guarantee a particular result.
Conclusion
Theft-of-services allegations are different from many traditional theft cases because the dispute may center on a service transaction, payment obligation, contract, or disagreement over what was provided.
Texas Penal Code §31.04 requires analysis of specific statutory circumstances, including the alleged intent to avoid payment for compensated services.
Contracts, invoices, payment records, electronic communications, and other documentation may therefore become important when evaluating the allegations.
If you are facing a theft-of-services investigation or charge, a theft criminal defense lawyer can review the transaction, analyze the applicable statute, examine the financial and documentary evidence, and help determine an appropriate defense strategy based on the facts of the case.