AB 326

Under current law, a person may not fraudulently obtain lodging, food or

beverage, gasoline, taxicab service, or admission to a recreational or entertainment

venue. Current law defines fraud as an intentional refusal to pay for the item,

service, or admission when the bill is due; giving false information to the provider of

the item, service, or admission in order to gain admission or avoid payment; or

issuing a worthless check to pay for the item, service, or admission.

A person who fraudulently obtains an item, service, or admission that is worth

$2500 or less is guilty of a Class A misdemeanor and may be fined up to $10,000,

imprisoned for up to nine months, or both. If the value of the item, service, or

admission is more than $2500, the person is guilty of a Class I felony and may be fined

up to $10,000, imprisoned for up to three years and six months, or both.

In addition, current law allows the victim of a person who fraudulently obtained

lodging, food or beverage, gasoline, taxicab service, or admission to a recreational or

amusement venue to seek a civil judgment against the person for the cost of the item,

service, or admission; property damage and other costs; and attorney fees and

exemplary damages of up to $300.

This bill prohibits a person from fraudulently obtaining a service from a service

provider. Under the bill, a service provider is a merchant who provides a service to

a retail customer without a written contract and with the expectation that the

customer will pay for the service upon completion of the service. The bill defines

fraud against a service provider as failing or refusing to pay for a service rendered,

with the intent to deprive the service provider of the full price of the service. The bill

attaches the same criminal penalties and civil liability as are attached under current

law to fraudulently obtaining lodging, food or beverage, gasoline, taxicab service, or

admission to a recreational or entertainment venue.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.