Originally Posted by cbn42 (Post 23823660)

I doubt anyone can dig up a single incident of anyone being charged with a crime for this. If the airline caught him and asked him to move and he refused, then yes, he could be charged with a crime. But assuming that he complied and went back to his seat upon request, it would be difficult to prove all the elements of theft of service. This is, of course, that he had paid for a different seat on the flight. If he had sneaked onto the plane, it's a completely different situation (analogous to sneaking into a movie theater).

Those of you who consider switching to E+ to be theft, please answer this question. If I am in a middle seat and the aisle seat next to me is open, can I switch into it? Or is that theft of service as well? (Assume that the airline charges more for aisle seats, which many do these days.)

Originally Posted by Tchiowa (Post 23823720)

Moving to the seat next to you is not theft if the seats are the same price. Moving to a seat that is more expensive is, in fact, theft.

Originally Posted by Tchiowa (Post 23823720)

I think you missed the example of the movie theater above. If you paid to see one movie then decided to walk across the hall and sneak into a more expensive movie isn't that a crime? It's exactly what the OP did. Remember, the FA announcements make it very clear that you have to pay extra to sit in the E+ seat.

Originally Posted by cbn42 (Post 23823779)

When I described my hypothetical scenario, I said that the airline charges more for aisle and window seats.

Just to clarify, you are saying that on such an airline, if I am sitting in the middle, and I move to the empty aisle seat so that both the window passenger and I can have more room, I am committing theft?



I would say that switching cabins is analogous to moving to another seat within the same theater. I don't know of any movie theater or other venue that will object to this, even if certain seats (such as balcony) are more expensive. In fact, at some of the best concert halls in the country, they actually encourage it. If the FA said not to do it, then it might be a crime, but "I didn't hear the announcement" would likely be enough to get off the hook because most states define theft as something done knowingly.

Paying and then walking into a different theater might be analogous to using your boarding pass to get on the wrong plane. Airlines have better security than movie theaters so this would be difficult but not impossible.

Originally Posted by s0ssos (Post 23821659)

I was on a flight on AA, had an empty row by myself in "main cabin extra" (their version of E+) and prior to takeoff another lady moved into the row with me. I had the window, she took the aisle.

I was somewhat unhappy at having another person, but whatever.

Originally Posted by nrr (Post 23824939)

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:D; 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.

Originally Posted by KevinDTW (Post 23824974)

I've been on some relatively empty DL domestic flights recently, and in every case the FAs have announced that Y pax can switch seats if they want -- but not into the EC rows. "Premium" Y seats seem to be fair game, but they do protect the EC section.

Originally Posted by Ben and Jerry (Post 23825090)

Thought "Premium Y" is the same as EC? Or do you mean preferred seats? (guessing you're talking Delta here)

Originally Posted by cbn42 (Post 23823660)

I doubt anyone can dig up a single incident of anyone being charged with a crime for this. If the airline caught him and asked him to move and he refused, then yes, he could be charged with a crime. But assuming that he complied and went back to his seat upon request, it would be difficult to prove all the elements of theft of service. This is, of course, that he had paid for a different seat on the flight. If he had sneaked onto the plane, it's a completely different situation (analogous to sneaking into a movie theater).

Those of you who consider switching to E+ to be theft, please answer this question. If I am in a middle seat and the aisle seat next to me is open, can I switch into it? Or is that theft of service as well? (Assume that the airline charges more for aisle seats, which many do these days.)

Originally Posted by BadgerBoi (Post 23823474)

(Shrug) theft of service.

Originally Posted by Glamette (Post 23823346)

Oh boy the can of worms.

If you take anything from this post OP.

Some of us don't think you did anything to warrant being called a thief.

And some of us thinks you should be ashamed of yourself.

Originally Posted by lhrsfo (Post 23825211)

Whilst I agree absolutely with the sentiment that it shouldn't be done, "theft of service" made me laugh. Nowadays there is no service on US airlines. The only think that has been stolen is the expectation of service, and it's the airline that has stolen that expectation.

Originally Posted by Ben and Jerry (Post 23823551)

Don't forget anarchist, the rules dont apply to you obviously.

Originally Posted by Glamette (Post 23823614)

Nope :)

Originally Posted by dchristiva (Post 23825242)

Well, only if you're cool with taking something that doesn't belong to you.

And I'm not sure why it makes one bit of difference if it was an empty E+ seat or entire row. The OP didn't pay for it and others did (or earned enough status to qualify). It's not yours to take.