New York criminal charge
Theft of services in New York
Current through 2026 New York legislative session
Theft of services is a criminal offense under New York law, defined by N.Y. Penal Law § 165.15. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.Y. Penal Law § 165.15.
What is the penalty for theft of services in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Theft of services (base offense) — Default classification for theft of services under any subdivision, absent the specific exceptions listed.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Theft of services (base offense) — Default classification for theft of services under any subdivision, absent the specific exceptions listed.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 15 days (Cable television theft under paragraphs (a),(c),(d) of subdivision four, value not exceeding $100, first offense — Theft of cable television service under subd. 4 paragraphs (a),(c),(d), valued at $100 or less, by a person with no prior conviction under subdivision four.; definite sentence (PEN 70.15(4)); a violation is not a crime (PEN 10.00(6)) and conviction is not a criminal conviction) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $250 (Cable television theft under paragraphs (a),(c),(d) of subdivision four, value not exceeding $100, first offense — Theft of cable television service under subd. 4 paragraphs (a),(c),(d), valued at $100 or less, by a person with no prior conviction under subdivision four.; or up to double the defendant's gain (PEN 80.05(4), (5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 15 days (Theft of services under subdivision nine, first offense — Theft of services relating to admission to theatres, concert halls, or ski lifts (subd. 9) by a person with no prior conviction under subdivision nine.; definite sentence (PEN 70.15(4)); a violation is not a crime (PEN 10.00(6)) and conviction is not a criminal conviction) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $250 (Theft of services under subdivision nine, first offense — Theft of services relating to admission to theatres, concert halls, or ski lifts (subd. 9) by a person with no prior conviction under subdivision nine.; or up to double the defendant's gain (PEN 80.05(4), (5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 15 days (Theft of services under subdivision twelve, first offense — Theft of barbershop, salon, or beauty shop services (subd. 12) by a person with no prior conviction under subdivision twelve.; definite sentence (PEN 70.15(4)); a violation is not a crime (PEN 10.00(6)) and conviction is not a criminal conviction) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $250 (Theft of services under subdivision twelve, first offense — Theft of barbershop, salon, or beauty shop services (subd. 12) by a person with no prior conviction under subdivision twelve.; or up to double the defendant's gain (PEN 80.05(4), (5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 4 years (Telephone service theft under subdivision five paragraph (a) or (b), value over $1,000 or repeat offense — Theft of telephone service under subd. 5(a) or (b) where the value exceeds $1,000, or where the person has a prior conviction within five years under subd. 5(a).; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Telephone service theft under subdivision five paragraph (a) or (b), value over $1,000 or repeat offense — Theft of telephone service under subd. 5(a) or (b) where the value exceeds $1,000, or where the person has a prior conviction within five years under subd. 5(a).; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
How is theft of services classified in New York?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft of services (base offense) | Class A Misdemeanor | Default classification for theft of services under any subdivision, absent the specific exceptions listed. | N.Y. Penal Law § 165.15undefined |
| Cable television theft under paragraphs (a),(c),(d) of subdivision four, value not exceeding $100, first offense | Violation | Theft of cable television service under subd. 4 paragraphs (a),(c),(d), valued at $100 or less, by a person with no prior conviction under subdivision four. | N.Y. Penal Law § 165.15undefined |
| Theft of services under subdivision nine, first offense | Violation | Theft of services relating to admission to theatres, concert halls, or ski lifts (subd. 9) by a person with no prior conviction under subdivision nine. | N.Y. Penal Law § 165.15undefined |
| Theft of services under subdivision twelve, first offense | Violation | Theft of barbershop, salon, or beauty shop services (subd. 12) by a person with no prior conviction under subdivision twelve. | N.Y. Penal Law § 165.15undefined |
| Telephone service theft under subdivision five paragraph (a) or (b), value over $1,000 or repeat offense | Class E Felony | Theft of telephone service under subd. 5(a) or (b) where the value exceeds $1,000, or where the person has a prior conviction within five years under subd. 5(a). | N.Y. Penal Law § 165.15undefined |
Common questions about theft of services in New York
How is theft of services classified in New York?
It depends on the circumstances: theft of services ranges from a Violation to a Class E Felony in New York under N.Y. Penal Law § 165.15.
Theft of services (base offense): Class A Misdemeanor (N.Y. Penal Law § 165.15) · Cable television theft under paragraphs (a),(c),(d) of subdivision four, value not exceeding $100, first offense: Violation (N.Y. Penal Law § 165.15) · Theft of services under subdivision nine, first offense: Violation (N.Y. Penal Law § 165.15) · Theft of services under subdivision twelve, first offense: Violation (N.Y. Penal Law § 165.15) · Telephone service theft under subdivision five paragraph (a) or (b), value over $1,000 or repeat offense: Class E Felony (N.Y. Penal Law § 165.15)
What are the penalties for theft of services in New York?
Which New York statute covers theft of services?
Theft of services is governed by N.Y. Penal Law § 165.15 (Theft of services).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.