Tampering With or Stealing From Vending Machines

You’ve had a hard day and you’re hungry. You go over to a snack machine and put in your last dollar and pick a snack. You hit enter, but nothing happens inside the machine. You increasing grow angry, and you wish you could smash the snack machine because it stole your money. Has this happened to you? This happens to Americans daily, but some take it a bit further and try to get their money back.

Florida Statute 877.08 makes it a crime to molest, steal from, or damage a coin operated vending machine. A vending machine is defined as “any machine, contrivance, or device that is adapted for use in such a way that, as the result of the insertion of any piece of money, coin, or other object, the machine, contrivance, parking meter, or device is caused to operate or may be operated and by reason of such operation the user may become entitled to receive any food, drink, telephone or telegraph service, insurance protection, parking privilege or any other personal property, service, protection, right or privilege of any kind or nature whatsoever.”

Examples of coin-operated vending machines:

• Parking meters;
• Pay-for-parking kiosks where you get a piece of paper to put on your dashboard;
• Soda machines;
• Snack machines;
• Pay telephones;
• Candy machines; or
• Little children’s toy machines.

This statute specifically criminalizes maliciously or mischievously tampering with or damaging a vending machine or stealing from a vending machine.

The state prosecutor has to prove beyond a reasonable doubt:

1. The defendant molested, opened, broke, injured, damaged, or inserted any part of his body or any instrument into a coin-operated vending machine or parking meter;
2. He intended to commit larceny; and
3. The coin-operated vending machine or parking meter was owned by another person.

The state prosecutor has to prove beyond a reasonable doubt:

1. The defendant maliciously or mischievously either:
   1. Molested, opened, broke, injured, or damaged a coin-operated vending machine or parking meter; or
   2. Inserted any part of his body or any instrument into a coin-operated vending machine or parking meter; and
2. The coin-operated vending machine or parking meter was owned by someone else.

One defense is that you were not trying to damage or molest the machine but you were trying to get the snack to fall down. Have you seen the screw type of machines where it rotates but not quite enough to allow the snack to fall? Sometimes people just want to assist the machine and let gravity do the rest.

This crime is a misdemeanor which means the police officer has to witness the crime being committed and cannot rely on second hand information.

This crime is a second-degree misdemeanor which is punishable up to 60 days in jail and a $500 fine. A second conviction is a third-degree felony which is punishable up to 5 years in prison and a $5,000 fine.

If you have been arrested and charged with this crime, call our law offices to schedule a 5 minute free consultation. Our attorneys need to talk to you to find out your version of the events. It is important for you to tell us everything about what happened because from the information you give us, we will create a defense strategy to your case. We will seek to have your charges dropped. Not all cases result in the charges being dropped; however, we will still fight to change your charges to something less or to lessen your sentence. The sooner you call, the sooner we get to work helping you.