False Pretenses

Criminal Law: Crimes Against Property False Pretenses

Introduction to False Pretenses

Theft by false pretenses occurs when a person obtains title to the property of another by knowingly making false representations, either spoken or written, with the intent to defraud the victim. The misrepresentation must be of present or past material fact and not opinion, prediction, or false promise. The crime also requires that the victim give the property to the defendant as a result of being deceived by or of relying upon the misrepresentation. The defendant must obtain title to the property, not mere possession without title, in order to be guilty of false pretenses. Historically, obtaining custody or possession of property (rather than title) by false statements was a form of larceny known as larceny by trick. ” (1)

Resources

Notes and References

• Information about False Pretenses in the Encarta Online Encyclopedia

Guide to False Pretenses

In this Section

Crimes Against Property (including Larceny, Embezzlement, False Pretenses, Property Robbery, Extortion, Receiving Stolen Property and Forgery) and Crimes Against the Habitation (Arson and Burglary).