State v. Simmons

“A person commits the crime of theft of services if: (a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services.” ORS 164.125(1).

Defendant was convicted of ID theft (count 1) and theft of services valued at $100 or more (count 2). Defendant believed the trail court erred by denying his motion for judgment of acquittal and by accepting the jury’s nonunanimous guilty verdict. Defendant argued that the evidence was insufficient to establish that he had the required intent to use another person’s identity to specifically avoid payment. “A person commits the crime of theft of services if: (a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services.” ORS 164.125(1). The Court found that even though Defendant stopped paying for the account, that was not sufficient to show reasonable inference that the account obtained by deception was for the purposes of intentionally avoiding payment. Conviction on Count 2 reversed; remanded for resentencing; otherwise affirmed.