FOCL Practice Test

Malcolm and Lucy have committed which type of theft by leaving the resort without paying?

1. Theft

2. Theft of service

3. Misdemeanor theft

4. Fraud

The correct answer is: Theft of service

The correct answer is that Malcolm and Lucy have committed theft of service. This type of theft occurs when someone uses a service and does not pay for it, which is exactly what happened in this scenario. By enjoying the resort's amenities and then leaving without settling their bill, they have essentially taken advantage of the service provided without fulfilling their payment obligation. The distinction lies in the nature of the crime; theft of service specifically pertains to situations where an individual benefits from services rendered, such as hotel accommodations, dining, or entertainment, and does not compensate the service provider. This is different from general theft, which typically involves taking someone else's property with the intent to permanently deprive them of it, and does not specifically address services rendered. Misdemeanor theft indicates a lesser classification of theft that may not cover the nuances of service, and fraud involves deceit to secure unfair or unlawful gain rather than simply failing to pay for services used.