Offense
Obtaining utility services without intent to pay
Aggravated Felony (AF)
Might be charged as an AF, so get 364 or less on each count and avoid if loss exceeds $10k but see Advice for defenses.
Crime Involving Moral Turpitude (CIMT)
Assume a CIMT as an unlawful taking with intent to deprive permanently
Other Removal Grounds
No other removal ground
Advice and Comments
PC 498(b), (d)
AF as theft if 1 year imposed: Arguably theft of utility services does not meet the generic definition of theft in the Ninth Circuit, which is a taking of property, not of services.[mfn]The Ninth Circuit has long held that theft of labor or services does not meet the generic definition of “theft.” Theft requires a taking of property. See, e.g., Lopez-Valencia v. Lynch, 798 F.3d 863, 869 (9th Cir. 2015) (noting that “a defendant may be convicted of ‘theft’ if six jurors believe that he committed larceny (which is a form of theft that meets the federal generic definition) and six jurors believe that he committed theft of labor (which is not).”).[/mfn] But try to avoid the issue by getting 364 or less on each count, or else see PC 487.
AF as deceit with loss exceeding $10k. Arguably this is not deceit (a taking with consent) but is theft (a taking without consent, by stealth). But best practice if loss exceeds $10k is to avoid the risk and consider PC 487.