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NY Penal Law § 165.15: Theft of Services
Theft of services, NY Penal Law § 165.15, covers avoiding payment for services: leaving a restaurant or hotel without paying, skipping a taxi or ride-share fare, avoiding public transportation fares, using a stolen credit card for services, tampering with utility meters, and similar conduct. It is usually a class A misdemeanor. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends theft of services charges in Nassau County and Suffolk County courts.
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NY Penal Law § 165.15 at a glance
| Theft of services | |
|---|---|
| Statute | NY Penal Law § 165.15 |
| Charge level | Usually a class A misdemeanor |
| Some first offenses | A violation (certain cable, theater, ski lift and salon cases) |
| Felony version | Class E felony for certain telephone access device cases over $1,000 or repeat offenses |
| Most common on Long Island | Subdivisions 2 (restaurant or hotel) and 3 (taxi or public transportation) |
What NY Penal Law § 165.15 says
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
[Subdivisions 4 through 12 cover telecommunications and cable service, telephone access devices, utility meters and diverted gas, electricity or water, tampering with utility equipment, theaters, concert halls and ski lifts, misuse of an employer’s labor or equipment, computer services, and barbershops and salons.]
Theft of services is a class A misdemeanor, provided, however, that [certain first offenses involving cable service of $100 or less, theaters and ski lifts, and barbershops or salons are violations], and provided further, however, that theft of services of any telephone service under paragraph (a) or (b) of subdivision five of this section having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
Bracketed text is our summary of long provisions in the official statute; read the full section at the link above.
What the prosecutor has to prove
- You obtained or tried to obtain a service, or avoided or tried to avoid paying for one, in one of the ways the statute lists.
- You intended to avoid payment. For restaurants and hotels, failing or refusing to pay creates a presumption of that intent, which can be rebutted.
Penalties for theft of services
| Outcome | What it means |
|---|---|
| Jail | Up to 364 days for a class A misdemeanor. |
| Violation-level cases | Certain first offenses are violations, with up to 15 days. |
| Restitution | Paying the bill or fare is usually part of any resolution. |
| Reduced outcome | Many cases resolve with an adjournment in contemplation of dismissal or a violation once the bill is paid. |
Charged with theft of services?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How theft of services charges show up on Long Island
In the cases we’ve seen over the last two years, PL 165.15 charges come up somewhat more often in Suffolk County.
Nearly all were charged under subdivision 2 (leaving a restaurant or hotel without paying) or subdivision 3 (a taxi, ride or public transportation fare). Disputes over the bill, the fare or the quality of service are common.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A diner disputes a bar tab, says the drinks were never ordered, and leaves without paying after an argument. The restaurant calls police and the charge is PL 165.15(2). The defense focuses on whether there was a genuine dispute over the bill rather than intent to avoid paying, and usually on resolving the bill to reach a non-criminal outcome.
Defenses to a PL 165.15 charge
- Genuine dispute. A good-faith disagreement over a bill or fare is not theft.
- No intent. The presumption of intent for restaurants and hotels can be rebutted.
- Payment or offer to pay. Paying or offering to pay often resolves the case.
- Identification. Especially in taxi and ride cases.
Related offenses
- Petit larceny (PL 155.25)
- Criminal possession of stolen property (PL 165.40)
- False personation (PL 190.23)
- Long Island theft defense
NY Penal Law § 165.15: frequently asked questions
Is leaving a restaurant without paying a crime in New York?
It can be. Under Penal Law 165.15(2), avoiding payment for restaurant or hotel services by refusing to pay, stealth or misrepresentation is theft of services, usually a class A misdemeanor. Failing to pay creates a presumption of intent that can be rebutted.
Is skipping a taxi fare theft of services?
Yes. Subdivision 3 covers avoiding payment for taxi and other public transportation by stealth, deception, force or refusal to pay.
Is theft of services a misdemeanor?
Usually it is a class A misdemeanor. Some first offenses are violations, and certain telephone access device cases are class E felonies.
Can theft of services be dismissed?
Often it is resolved with an adjournment in contemplation of dismissal or a violation, especially once the bill or fare is paid.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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