NY · jury_instructions
CJI2d[NY] Penal Law § 165.15(10)
THEFT OF SERVICES (Diverting Use of Labor, Equipment or Facilities)
The (specify) count is Theft of Services.
Under our law, a person is guilty of Theft of Services when, obtaining [or having] control over labor in the employ of another person [or of business (or commercial) (or industrial) equipment (or facilities) of another person], knowing that he or she is not entitled to the use thereof, and with intent to derive a commercial [or substantial] benefit for himself or herself [or a third person], that person uses [or diverts to the use of himself or herself (or a third person)] such labor [or equipment] [or facilities].
The following terms used in that definition have a special meaning:
[OBTAIN includes, but is not limited to, the bringing about of a transfer, or purported transfer, of a service or of a legal interest therein, whether to the obtainer or another.¹]
KNOWING one is not entitled to the use of labor [or equipment] [or facilities] means being aware that one is not entitled to the use of such labor [or equipment] [or facilities].²
INTENT means conscious objective or purpose.³ Thus, a person acts with intent to derive a commercial [or substantial] benefit for himself or herself [or a third person] when that person’s conscious objective or purpose is to derive a commercial [or substantial] benefit for himself or herself [or a third person].
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following three elements:
1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) , obtained [or had] control over labor in the employ of another person [or of business (or commercial) (or industrial) equipment (or facilities) of another person] and used [or diverted to the use of himself/herself (or a third person)] such labor [or equipment] [or facilities];
2. That the defendant did so with the intent to derive a commercial [or substantial] benefit for himself/herself [or a third person]; and
3. That the defendant knew that he/she was not entitled to the use of such labor [or equipment] [or facilities].
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: THEFT OF SERVICES (Diverting Use of Labor, Equipment or Facilities) Penal Law § 165.15(10) (Committed on or after Nov. 1, 1992). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
95643eae470241fbfeec22c0afbe531d56ad01b71d8b57648e39ef9b9c7f2cf1
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