NY Penal L § 165.15 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title J - Offenses Involving Theft Article 165 - Other Offenses Relating to Theft 165.15 - Theft of Services.

§ 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; or3. 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; or4.  With  intent  to avoid payment by himself or another person of the   lawful charge for any  telecommunications  service,  including,  without   limitation,  cable  television service, or any gas, steam, sewer, water,   electrical, telegraph or telephone  service  which  is  provided  for  a   charge  or  compensation,  he obtains or attempts to obtain such service   for himself or another person or avoids or  attempts  to  avoid  payment   therefor  by  himself  or  another  person  by means of (a) tampering or   making connection  with  the  equipment  of  the  supplier,  whether  by   mechanical,  electrical,  acoustical or other means, or (b) offering for   sale or otherwise making available, to anyone other than the provider of   a telecommunications service for such service provider's own use in  the   provision of its service, any telecommunications decoder or descrambler,   a  principal  function of which defeats a mechanism of electronic signal   encryption, jamming or individually addressed switching imposed  by  the   provider of any such telecommunications service to restrict the delivery   of  such service, or (c) any misrepresentation of fact which he knows to   be false, or (d) any other artifice, trick, deception, code  or  device.   For  the  purposes of this subdivision the telecommunications decoder or   descrambler described in paragraph (b) above or the device described  in   paragraph   (d)   above   shall   not   include   any  non-decoding  and   non-descrambling channel frequency converter or any television  receiver   type-accepted   by   the   federal  communications  commission.  In  any   prosecution  under  this  subdivision,  proof  that   telecommunications   equipment,   including,   without   limitation,   any  cable  television   converter, descrambler, or related equipment, has been tampered with  or   otherwise  intentionally  prevented  from  performing  its  functions of   control of service delivery without the consent of the supplier  of  the   service,   or  that  telecommunications  equipment,  including,  without   limitation, any cable television converter,  descrambler,  receiver,  or   related  equipment,  has been connected to the equipment of the supplier   of the service without the consent of the supplier of the service, shall   be presumptive evidence that the resident to whom the service  which  is   at  the  time  being  furnished  by  or through such equipment has, with   intent to avoid payment by himself or another person for  a  prospective   or  already  rendered  service,  created  or  caused  to be created with   reference to such equipment, the condition so  existing.  A  person  who   tampers  with  such  a  device  or  equipment without the consent of the   supplier of the service is presumed to do so with intent to avoid, or to    enable another to avoid,  payment  for  the  service  involved.  In  any   prosecution  under  this  subdivision, proof that any telecommunications   decoder  or  descrambler,  a  principal  function  of  which  defeats  a   mechanism  of  electronic  signal  encryption,  jamming  or individually   addressed   switching   imposed   by   the   provider   of   any    such   telecommunications service to restrict the delivery of such service, has   been  offered  for sale or otherwise made available by anyone other than   the supplier of such service shall  be  presumptive  evidence  that  the   person offering such equipment for sale or otherwise making it available   has,  with  intent  to avoid payment by himself or another person of the   lawful charge for such service, obtained or  attempted  to  obtain  such   service  for  himself or another person or avoided or attempted to avoid   payment therefor by himself or another person; or5. With intent to avoid payment by himself or another  person  of  the   lawful  charge  for any telephone service which is provided for a charge   or compensation he  (a)  sells,  offers  for  sale  or  otherwise  makes   available,  without  consent,  an  existing,  canceled or revoked access   device; or (b) uses, without consent, an existing, canceled  or  revoked   access  device;  or (c) knowingly obtains any telecommunications service   with fraudulent intent by use of an unauthorized, false,  or  fictitious   name,  identification,  telephone number, or access device. For purposes   of this subdivision access  device  means  any  telephone  calling  card   number,  credit  card  number,  account  number,  mobile  identification   number, electronic serial number or personal identification number  that   can be used to obtain telephone service.6.  With  intent  to  avoid payment by himself or another person for a   prospective or already rendered service the charge or  compensation  for   which is measured by a meter or other mechanical device, he tampers with   such  device  or  with other equipment related thereto, or in any manner   attempts to prevent the meter or device from  performing  its  measuring   function,  without  the  consent  of the supplier of the service. In any   prosecution under this  subdivision,  proof  that  a  meter  or  related   equipment  has  been  tampered with or otherwise intentionally prevented   from performing its  measuring  function  without  the  consent  of  the   supplier of the service shall be presumptive evidence that the person to   whom the service which is at the time being furnished by or through such   meter  or related equipment has, with intent to avoid payment by himself   or another person for a prospective or already rendered service, created   or caused to  be  created  with  reference  to  such  meter  or  related   equipment,  the  condition so existing. A person who tampers with such a   device or equipment without the consent of the supplier of  the  service   is  presumed  to  do  so  with  intent to avoid, or to enable another to   avoid, payment for the service involved; or7. He knowingly accepts or receives the use and  benefit  of  service,   including gas, steam or electricity service, which should pass through a   meter  but has been diverted therefrom, or which has been prevented from   being correctly registered by a meter provided therefor,  or  which  has   been  diverted  from  the  pipes,  wires  or  conductors of the supplier   thereof. In any prosecution under this subdivision  proof  that  service   has  been  intentionally  diverted  from passing through a meter, or has   been intentionally prevented from being correctly registered by a  meter   provided  therefor,  or  has been intentionally diverted from the pipes,   wires or conductors  of  the  supplier  thereof,  shall  be  presumptive   evidence  that the person who accepts or receives the use and benefit of   such service has done so with knowledge of the condition so existing; or8. With intent to obtain, without the consent of the supplier thereof,   gas, electricity, water, steam or telephone service, he tampers with any    equipment designed to supply or to prevent the supply  of  such  service   either to the community in general or to particular premises; or9.  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. Obtaining or having control over labor in the  employ  of  another   person, or of business, commercial or industrial equipment or facilities   of  another  person, knowing that he is not entitled to the use thereof,   and with intent to derive a commercial or other substantial benefit  for   himself or a third person, he uses or diverts to the use of himself or a   third person such labor, equipment or facilities.11.  With  intent  to  avoid  payment  by himself, herself, or another   person of the lawful charge for use of any computer,  computer  service,   or computer network which is provided for a charge or compensation he or   she  uses,  causes  to be used, accesses, or attempts to use or access a   computer, computer service, or computer network and avoids  or  attempts   to  avoid  payment  therefor.  In any prosecution under this subdivision   proof that a person overcame or attempted  to  overcome  any  device  or   coding  system a function of which is to prevent the unauthorized use of   said computer or computer service shall be presumptive  evidence  of  an   intent to avoid payment for the computer or computer service.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 a class A misdemeanor,  provided,  however,  that   theft  of  cable  television  service  as  defined  by the provisions of   paragraphs (a), (c) and (d) of subdivision four  of  this  section,  and   having  a value not in excess of one hundred dollars by a person who has   not been previously convicted of theft  of  services  under  subdivision   four  of  this  section  is  a  violation,  that theft of services under   subdivision nine of this section by a person who has not been previously   convicted of theft of services under subdivision nine of this section is   a violation, that theft of services under  subdivision  twelve  of  this   section  by  a  person who has not previously been convicted of theft of   services under subdivision twelve of this section is  a  violation,  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.