FOCL Practice Test

What serious offense has Kevin committed when paying with fake money at a restaurant?

1. Theft of service

2. Breach of contract

3. Fraud

4. Burglary

The correct answer is: Theft of service

When Kevin pays with fake money at a restaurant, he is committing the offense of theft of service. This occurs because he is obtaining food and service without the intent to pay for it legitimately. By using counterfeit currency, he deceives the restaurant into providing goods or services with the expectation of receiving valid payment, which he has no intention of fulfilling. This lack of intention to honor the payment transforms the transaction into theft, as he is effectively taking something of value without any real exchange occurring. In the context of this scenario, while fraud might seem relevant as it involves deception for personal gain, the most appropriate legal classification in this case focuses specifically on the nature of not paying for services rendered. Consequently, the act of using fake money is not merely a breach of trust but directly indicates theft of service, as it fundamentally undermines the transactional agreement that requires genuine currency for the exchange of goods.