Also known as: cheat by false pretenses · cheated by false pretenses · false pretenses · obtaining property by false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A common-law theft offense committed when a defendant obtains title to another's property by a knowing false statement of a past or existing fact made with intent to defraud. The victim must rely on the misrepresentation in conveying ownership rather than mere custody or possession.
Marcos told his client Helen Lee that a bank report already confirmed his fund's past outperformance with similar bonds. No such report existed. Relying on the statement, Lee executed documents transferring full title to her municipal bonds into Marcos's fund. Marcos thereby obtained ownership through the misrepresentation.
Marco falsely stated to Lena that a title company had already issued a clean report showing all liens paid. No report existed. Lena executed and delivered a deed transferring the apartment building to Marco. The transfer conveyed title rather than temporary custody.
Lena told startup founders Oliver and Priya that her former employer had already assigned her rights in similar code. The company still owned the code. The founders executed documents conveying full ownership of their software tool to Lena. She later sold the tool to another firm.
Select any source to read its text and confirm it supports the definition.
Travis prepared offering documents for Prairie Trust describing a conservative strategy. Managers used the documents to obtain a substantial investment from Horizon Fund while operating an undisclosed aggressive portfolio. Horizon Fund committed capital after reviewing the materials during due diligence.
Everett told Katie that a foreign buyer had already executed a bill of sale and deposited funds in escrow. Negotiations remained preliminary with no deposit made. Katie agreed to warehouse the diverted electronics for resale. The arrangement conveyed only temporary custody for storage.
Dana entered her partner's office after hours and placed an antique pen set in her bag. She intended to return it after a weekend photo shoot. No misrepresentation induced any transfer of title or possession. The taking occurred without any statement to the owner.
False pretenses requires the defendant to obtain title to the property. Larceny by trick applies only when the victim intends to convey mere custody or possession. Courts look to the interest the victim meant to transfer when deciding which offense occurred.
Supporting sources
Yes. A statement about a past or existing fact satisfies the element. A false promise of future performance does not qualify even if the defendant never intends to perform.
Supporting sources
No. Apparent consent induced by a knowing misrepresentation does not prevent liability. The victim must rely on the false statement of fact when deciding to convey title.
Supporting sources
…felonies. In 1964, 1966, and 1969 Helm was convicted of third-degree burglary. In 1972 he was convicted of obtaining money under false pretenses. In 1973 he was convicted of grand larceny. And in 1975 he was convicted of third-offense driving while intoxicated. The record contains no details about the circumstances of any of these…