Penal Code 30-72 Practice Test

Theft of Service: which of the following is NOT a listed method for securing service without paying?

Intentionally or knowingly secures performance of the service by deception, threat, or false token. Having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services. The actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. Using a service without authorization because no contract exists.

Correct Answer:

Having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services.

Explanation:

The key idea is what counts as theft of services: a person must obtain services without paying through specific means that the statute covers—by deception or threats, by diverting someone else’s services, or by promising to pay and then failing to do so after the service is provided. Using a service without authorization simply because no contract exists does not fit those listed methods. It doesn’t show the service was obtained through deception, threat, or false token, nor does it show control over another’s services being diverted, nor a post-service nonpayment after an agreed payment. Therefore, the method that is not listed is using a service without authorization because no contract exists. The other scenarios describe the recognized ways to secure a service without paying.

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