false pretenses

Illegally obtaining money, goods, or merchandise from another by fraud or misrepresentation. As a statutory crime, although defined in slightly different ways in the various jurisdictions, consists generally of these elements:

(1) an intent to defraud;

(2) the use of false pretenses or representations regarding any existing facts; and

(3) the accomplishment of the intended fraud by means of such false pretenses. People v. Johnson, 28 Mich.App. 10, 183 N.W.2d 813, 815, 816.

Such representation may be implied from conduct or may consist of concealment or non-disclosure where there is duty to speak, and may consist of any acts, work, symbol or token calculated and intended to deceive. Bright v. Sheriff, Washoe County, 90 Nev. 168, 521 P.2d 371, 373.

Other definitions of "false pretenses" include: false representation of existing fact or condition by which a party obtains property of another; false representation of existing fact, whether by oral or written words or conduct, calculated to deceive, intended to deceive, and does in fact deceive, whereby one person obtains value from another without compensation; false representation of existing or past fact calculated to induce confidence on part of one to whom representation is made, and accompanied by or blended with a promise to do something in future, State v. Parkinson, 181 Wash. 69, 41 P.2d 1095, 1097;

false representation of existing fact, made with knowledge of falsity, with intent that party to whom it is made should act upon it, and acted upon by such party to his detriment; false representation of past or existing fact, made with knowledge of falsity, with intent to deceive and defraud, and which is adapted to deceive person to whom made.

Under Model Penal Code No. 223.3, a person is guilty of "theft by deception" if he purposely obtains property of another by deception.

Larceny distinguished.

In crime of larceny owner has no intention to part with his property, although he may intend to part with possession, while in false pretenses the owner does intend to part with the property but it is obtained from him by fraud. The intention of owner of property not to part with title when relinquishing possession of property is vital point to be determined in distinguishing between "larceny by fraud" and obtaining property by "false pretenses". Dobson v. State, 74 Okl.Cr. 341, 126 P.2d 95, 101