Hypothetical: a newbie pax boards a plane, notices lots of empty seats (he/she) is supposed to be seated in a middle seat between two sumo wrestlers

; he moves to one of them (which happens to be a more expensive "special = E+" seat). Pax has committed theft of service--but didn't know it.
Same scenario, but pax
intentionally took the premium seat, knowing he shouldn't be there.
In both instances a FA should inform pax of his faux pas. Now if pax doesn't return to his "originally scheduled" seat, pax could/should be prosecuted for theft of service.
I totally agree! But some members here really was hell bent on making it seem like it is a bigger deal than it is. If it bothers you that someone moved from E to E+ then by all means say something. If it doesn't bother you or the FA then that's fine too.