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State's Highest Court to Hear Theft of Services Case

By Baker Associates

The Tennessee Supreme Court is set to hear a case that could significantly expand the scope of the crime of theft in the state. In a case styled State v. Butler, the defendants are charged with theft of services for allegedly underreporting their income in order to obtain cheaper public housing. The trial court dismissed the indictment based on the fact that the public housing obtained by the defendants does not fall within the definition of ?services? under the theft of services statute. The Tennessee Code Annotated defines ?services? for the purposes of theft of services in T.C.A. section 39-11-106(35). The term ?services?: ?includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (35) or a specific statute exists covering the same or similar conduct?continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on February 17, 2010 (boomark / email).