PJC General Negligence 2022

PJC 7.3

T HEFT L IABILITY

PJC 7.3

Theft of Service—Question

QUESTION ______ Did Don Davis commit theft of Paul Payne ’s services? Don Davis committed theft of Paul Payne ’s services if he — 1. intentionally or knowingly secured performance of a service by [ deception, threat, or false token ]; and 2. knew the service was provided only for compensation; and 3. intended to avoid payment for the service. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 7.3 is a broad-form question. See Tex. R. Civ. P. 277. It should be appropriate in most cases involving a claim for theft of service under the Texas Theft Liability Act, Tex. Civ. Prac. & Rem. Code §§ 134.001–.005. Source of instruction. The definition of theft of service is derived from Tex. Penal Code § 31.04. See also State Bar of Texas, Texas Criminal Pattern Jury Charges Online CPJC 31.8. Definitions and elements of theft of service. The following definitions, derived from the Texas Penal Code, should be submitted where supported by the evidence: The term “service” includes— 1. labor and professional services; and 2. telecommunication, public utility, or transportation ser vices; and 3. lodging, restaurant service, and entertainment; and 4. the supply of a motor vehicle or other property for use. Don Davis secured performance of a service by deception if Don Davis engaged in deception and by this deception induced the perfor mance of a service. Don Davis engaged in deception if— [Include only those means of deception supported by the evidence.]

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