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means to avoid payment for the services and the services in the
<br />aggregate are less than $100; or
<br />(b) Having control over the disposition of labor or of business, commercial
<br />or industrial equipment or facilities of another, the person uses or diverts
<br />-to the use of the person or a third person such labor, equipment or
<br />facilities with intent to derive for the person or the third person a
<br />commercial benefit to which the person or the third person is not entitled
<br />and the services in the aggregate are less than $100.
<br />(2) Theft of services in the second degree A person commits the crime of theft of
<br />services in the second degree if:
<br />(a) With intent to avoid payment therefor, the person obtains services that
<br />are available only for compensation, by force, threat, deception or other
<br />means to avoid payment for the services and the services in the
<br />aggregate are $100 or more but less than $1, 000; or
<br />(b) Having control over the disposition of labor or of business, commercial
<br />or industrial equipment or facilities of another, the person uses or diverts
<br />to the use of the person or a third person such labor, equipment or
<br />facilities with intent to derive for the person or the third person a
<br />commercial benefit to which the person or the third person is not entitled
<br />and the services in the aggregate are $100 or more but less than
<br />$1
<br />(3) As used in this section, "services" includes, but is not limited to, labor,
<br />professional services, toll facilities, transportation, communications service,
<br />entertainment, the supplying of food, lodging or other accommodations in
<br />hotels, restaurants or elsewhere, the supplying of equipment for use, and the
<br />supplying of commodities of a public utility nature such as gas, electricity,
<br />steam and water, "communication service" includes, but is not limited to, use
<br />of telephone, computer and cable television systems.
<br />(4) Absconding without payment or offer to pay for hotel, restaurant or other
<br />services for which compensation is customarily paid immediately upon the
<br />receiving of them is prima facie evidence that the services were obtained with
<br />intent to avoid payment therefor. Obtaining the use of any communication
<br />system the use of which is available only for compensation, including but not
<br />limited to telephone, computer and cable television systems, or obtaining the
<br />use of any services of a public utility nature, without payment or offer to pay
<br />for such use is prima facie evidence that the obtaining of the use of such
<br />system or the use of such services was gained with intent to avoid payment
<br />therefor.
<br />Section 5 . Section 4.990 of the Eugene Code, 1971, is amended by repealing the
<br />penalties for violation of Section's 4.820 and 4.825 of that Code.
<br />Section 7 . Section 5.005 of the Eugene Code, 1971, is amended to provide:
<br />5.005 State Traffic Laws The provisions of ORS Chapters 801, 802, 803, 805 806, 807,
<br />809, 810, 811 813, 814, 815, 816, 818, 819, 820 821, 822, 823, 825 and OAR
<br />740.100.0010 issued thereunder, and Chapter 153, except for ORS 153.093 and
<br />Ordinance - Page 3 of 4
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