§ 12.1-23-03 — Theft of services

A person is guilty of theft if:
1. He intentionally obtains services, known by him to be available only for compensation,
by deception, threat, false token, or other means to avoid payment for the services; or
2. Having control over the disposition of services of another to which he is not entitled, he
knowingly diverts those services to his own benefit or to the benefit of another not
entitled thereto.
Where compensation for services is ordinarily paid immediately upon their rendition, as in the
case of hotels, restaurants, and comparable establishments, absconding without payment or
making provision to pay is prima facie evidence that the services were obtained by deception.