Commonwealth v. Gerulis

KELLY, Judge.

In this appeal, we decide two issues of first impression: whether the unauthorized use of a voice mailbox contitutes “Unlawful Use of a Computer,” within the meaning of 18 Pa.C.S.A. § 3933(a)(1), when the unauthorized user ousts authorized users from the voice mailbox for her sole control; and, whether that conduct is a theft of services, as defined in 18 Pa.C.S.A. § 3926(a)(1). After a bench trial, appellant was convicted of two counts of each crime. We affirm in part, reverse in part and remand for modification of the order of restitution.

I. FACTS AND PROCEDURAL HISTORY

Appellant…