Penal Law § 165.15 - Theft of Services - New York

§ 165.15 Theft of services.

A person is guilty of theft of services when:

1. He obtains or attempts to obtain a service, or induces or attempts to induce the supplier of a rendered service to agree to payment therefor on a credit basis, by the use of a credit card or debit card which he knows to be stolen.

2. With intent to avoid payment for restaurant services rendered, or for services rendered to him as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, he avoids or attempts to avoid such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false. A person who fails or refuses to pay for such services is presumed to have intended to avoid payment therefor; or

3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or

4. (deals with tampering with telecommunication services)

5. (deals with tampering with phone service)

6. (tampering with a meter)

7. (gas, electric services)

8. (gas, electric, steam services)

9. With intent to avoid payment of the lawful charge for admission to any theatre or concert hall, or with intent to avoid payment of the lawful charge for admission to or use of a chair lift, gondola, rope-tow or similar mechanical device utilized in assisting skiers in transportation to a point of ski arrival or departure, he obtains or attempts to obtain such admission without payment of the lawful charge therefor.

10. (diversion of labor or equipment)

11. (deals with computer services)

12. With intent to avoid payment for services rendered by a barbershop, salon or beauty shop, he or she avoids or attempts to avoid such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he or she knows to be false.

Theft of services is, generally, a class A misdemeanor

§ 165.15 Theft of services - Penalties

• Up to 364 days in jail
• Up to 3 years probation
• Combination of jail and probation
• Fines
• Permanent criminal record
• Employment, immigration, travel consequences

Theft of services is often charged in New York City on a desk appearance ticket following non-payment for a ride in a taxi-cab, hotel, or services at a bar or nightclub. We handle theft of services cases in New York City criminal courts including in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Our defense efforts are focused on getting the charges dismissed and resolving our client's cases so as to avoid penalties and avoid a criminal record. If you or a loved one has been charged with violating PL 26515 in New York City, please contact us for a case evaluation.