What are false pretenses?

When an individual commits the crime of false pretenses, they misrepresent a fact in order to acquire someone else's property. Depending on the state statute, the property acquired by false pretenses can include tangible personal property, like a car or house, and intangible property, such as information or ideas. If you believe that you have been defrauded by false pretenses, contact the police.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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When an individual commits the crime of a false pretense, they misrepresent a fact and make a false statement in order to acquire someone else’s personal property. Obtaining property through false pretenses or false representation of fact is a crime, punishable in most states by fines and imprisonment.

While state laws vary in defining this crime, the general idea is the same: to be found guilty of a false pretense, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact and making a false representation.

This means that if an individual obtains another’s property by stating a fact that they mistakenly believe to be true, they have not committed the crime of false pretenses.

Depending on the state statute, the property acquired by false pretenses can include tangible property, like a car or house, and intangible property, such as information that has been obtained.

What are the differences between false pretenses and larceny-by-trick?

False pretenses is often confused with the crime of larceny-by-trick. Larceny-by-trick is almost identical to the crime of false pretenses.

However, there is one big difference: In the crime of false pretenses, the title to the property is actually transferred to the perpetrator, whereas someone found guilty of larceny-by-trick does not hold the title but has possession of the property.

A party commits larceny-by-trick when they steal another party’s property by deception. Therefore, no actual transfer of title occurs with larceny-by-trick.

For instance, if an individual tells an elderly man that she is his long-lost daughter with the intent of causing him to transfer the title of his vacation house to her, she has committed the crime of false pretenses. If instead, the individual convinced the elderly man that she was just going to borrow his car but never came back with it, this would be larceny or larceny-by-trick under criminal law.

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What are the differences between false pretenses and fraudulent misrepresentation?

The crime of false pretenses has a civil counterpart as well: a civil cause of action known as fraudulent misrepresentation. While fraudulent misrepresentation has the same legal elements as false pretenses, the court system in which a defendant will be charged for the crime differs. If a party makes a false representation and intentionally deceives another, causing them to transfer title and possession of their personal property, the city or state will prosecute the perpetrator for the crime of false pretenses. However, to allow the victim a remedy for the crime, the civil courts allow an individual to bring a fraudulent misrepresentation action for damages against the thief.

How Can I Get Legal Help?

If you believe that you have been defrauded by false pretenses, contact the appropriate authorities to take legal action. On the other hand, if you have been accused of defrauding by false pretenses, speak to a criminal defense attorney right away. Being found guilty of the crime of false pretenses carries with it the possibility of severe punishment, and you will benefit from having a knowledgeable criminal defense lawyer on your side.

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