If you are convicted of theft of services as a violation, your sentence may include a jail sentence of up to 15 days as well as fine. Sentenceĭepend on the type of theft of services that you committed the offense would be considered a violation, a Class A misdemeanor or a Class E felony. If, for example, you walk out of a restaurant without paying the check believing that your dinner companion was going to pay, you would have a defense to a charge of theft of services. To be convicted of theft services, your actions would have to be intentional. Criminal tampering in the first degree: New York Penal Law § 145.20.Criminal tampering in the second degree: New York Penal Law § 145.15.Criminal tampering in the third degree: New York Penal Law § 145.14. Both Judy and Joey could be prosecuted for theft of services as they left the restaurant after having only pretended to pay the full amount of the check. Judy and Joey then casually get up and walk out of the restaurant. When the server placed the check on the table, Joey opens it up and places only a $10 bill in the folder. Judy and Joey enjoy a meal at a restaurant. Access computer services without paying.Obtain admission to a theater or concert hall by use of mechanical device, or.Obtain a telecommunication or utility service by tampering, the use of a decoder, misrepresentation, fraud, or use of a cancelled or revoked access device,.Obtain railroad, subway, bus, air, taxi, or any other public transportation service without payment by stealth, deceit, or mechanical tampering,.Obtain services from a hotel or restaurant and intentionally fail to pay,.Obtain a service by using a credit or debit card you know to be stolen,.Under New York Penal Law § 165.15, you could be prosecuted for theft of services if you: However, a common theft crime involves not stealing merchandise, a vehicle or money, but stealing services such as utility services, a cab ride or restaurant services. When we think of theft, most of us think about tangle property being stolen such as money, jewelry, a television or a car.
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