QUESTION
What is theft of services if too intoxicated to have intent?
Asked on Sep 26th, 2012 on Criminal Law - Colorado
More details to this question:
If a person intends to take a cab home, asks the driver to stop at an atm, and is too intoxicated to take money out, is it likely that that person will be convicted of theft of services - of "commit[ting] theft by obtaining services, namely a taxi cab ride, by deception, threat, force or other means designed to avoid due payment for the services, knowing such services were available only for compensation"?
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible. You may have to go to trial and hope the jury believes you and does not believe that you were not really that drunk.
Answered on Oct 04th, 2012 at 12:55 AM
Voluntary intoxication provides a defense to a crime in Utah only if it negates a mental state element of the crime. Since one of the elements of the crime you've identified is "Knowing," the intoxication would have to negate that mental state in order for it to be a defense.
Answered on Sep 28th, 2012 at 12:00 PM
Michael J. Breczinski
I would think if he makes up the amount owed as soon as he gets sober enoubh to do so then he should not be charged since the only reason it happened was he was drunk and trying to pay. There was no intent to defraud.
Answered on Sep 28th, 2012 at 11:59 AM
Intoxication is not a defense to intent.
Answered on Sep 28th, 2012 at 11:58 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Is it possible, perhaps. Do you know the specific statute number Read it, then hire an attorney if you are charged.
Answered on Sep 28th, 2012 at 11:58 AM
With theft being a "specific intent" offense, intoxication can be a defense,but you would have to raise it at a trial.
Answered on Sep 28th, 2012 at 11:53 AM