Also known as: obtaining property by false pretenses · false pretenses · obtaining by false pretenses · theft by false pretenses · false pretences
Written by attorneys · grounded in primary & secondary sources — see below
A common law theft offense arising when a defendant obtains title to the property of another by a knowing false statement about a past or existing fact made with intent to defraud.
Ophelia O'Brien told founders of a startup that her former employer had already assigned her rights in a nearly identical codebase. Relying on that statement the founders executed documents conveying full ownership of their software tool to her. She later sold the tool to another firm. Because the founders intended to pass title rather than mere custody the conduct constitutes obtaining property by false pretenses.
Orson Ochoa told an elderly client that a regional bank had already confirmed his fund's prior outperformance with similar bonds. No such report existed. The client signed documents transferring full title to her municipal bonds into the fund. The knowing false statement about an existing fact induced the title transfer and satisfies the elements of false pretenses.
Select any source to read its text and confirm it supports the definition.
Olivia Owens told a property owner that a title company had already issued a clean report showing all back taxes and liens paid. No report existed and liens remained. Relying on the statement the owner executed and delivered a deed conveying the building. The misrepresentation concerned an existing fact and caused title to pass so the offense is false pretenses.
Opal Okoro was previously convicted of obtaining money under false pretenses after writing a no-account check. The conviction counted toward a recidivist sentence. The earlier offense involved inducing another to part with money by a knowing false statement about an existing fact and therefore qualified as false pretenses.
Orla O'Malley falsely stated that her company already owned rights to a codebase and induced a startup to convey title to its software tool. The knowing misrepresentation of a past fact caused the victims to intend a transfer of ownership. The resulting acquisition of title establishes false pretenses.
Oakley Osei misrepresented that a completed bank report confirmed his fund's past performance and thereby induced an investor to transfer full title to municipal bonds. The statement concerned an existing fact known to be false and caused the victim to convey ownership. The conduct meets the definition of obtaining property by false pretenses.
False pretenses requires the defendant to obtain title while larceny by trick requires only custody or possession. Courts determine which offense applies by examining what interest the victim intended to convey.
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Yes. A false promise about future performance even if made without present intent to perform does not establish false pretenses at common law.
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No. It is enough that the defendant intentionally induces a transfer of title by a knowing misrepresentation of a past or existing fact with intent to expose the victim to the risk of loss.
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…of ineffective assistance of counsel. Rummel v. Estelle, 498 F. Supp. 793 (WD Tex. 1980). Rummel then pleaded guilty to theft by false pretenses and was sentenced to time served under the terms of a plea-bargaining agreement. Two-Bit Lifer Finally Freed — After Pleading Guilty, Chicago Tribune, Nov. 15, 1980, p. 2, col. 3.