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At common law, labor or services could not be the subject of the crime of false pretense because neither time nor services may be taken and carried away. It has been generally held that, in the absence of a clearly expressed legislative intent, labor or services could not be the subject of the statutory crime of false pretense. Commonwealth v. McCray, 430 Pa. 130, 133, 242 A.2d 229, 230 (1968). ; 2 Wharton, Criminal Law and Procedure § 604 at 369 (Anderson ed. 1957). Some jurisdictions have amended their criminal codes specifically to make it a crime to obtain labor or services by means of false pretense. E.g., New York Penal Code § 165.15; New Jersey Penal Code ch. 2A:111; and California Criminal Code § 322.
