Also known as:thefts by deception · larceny by trick
Written by attorneys — see sources below.
A statutory offense consisting of purposely obtaining property of another by deception. Deception occurs when a person creates or reinforces a false impression about law, value, intention, or other state of mind.
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How its tested
Common Examples
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Investor Transfers Title After False Claims
Theresa Tucker met with investor Tobias Thomas to discuss moving retirement funds into a private account. Theresa stated that a government program already insured the account and that returns were guaranteed by a completed bank report. Tobias knew both statements were false. Relying on those claims, Tobias executed documents transferring full ownership of the funds to Theresa. Because the victim intended to convey title rather than mere custody, the transaction satisfies the elements of theft by deception.
Advisor Obtains Bonds Through Fabricated History
Talia Torres told client Tiana Tan that a regional bank had already confirmed her fund's prior outperformance with similar bonds. No such confirmation existed. Relying on that representation, Tiana signed documents transferring full title to her municipal bonds into the fund. The knowing creation of a false impression about an existing fact induced the transfer of ownership and completes the offense of theft by deception.
Morrissette v. United States342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.
In December 1948, Morissette went hunting on a large tract of land in Michigan that the Government had used as a practice bombing range for the Air Force. Spent bomb casings from the range had been dumped into heaps and left exposed to the weather for four years or more. Morissette collected three tons of the casings, flattened them at a nearby farm, and sold them for eighty-four dollars.
Morissette worked as a fruit stand operator in the summer and as a trucker and scrap iron collector in the winter. He was an honorably discharged veteran of World War II who had a good reputation among his neighbors. He loaded the casings onto his truck and transported them in broad daylight without any effort to conceal what he was doing.
When authorities began an investigation, Morissette voluntarily and candidly told them the whole story, explaining that he believed the casings were abandoned and that he had no intention of stealing them. He was indicted for unlawfully, willfully, and knowingly stealing and converting property of the United States valued at eighty-four dollars in violation of 18 U.S.C. § 641.
At trial, the District Court refused to permit Morissette to show that he thought the property was abandoned or to argue that he lacked criminal intent. The court instructed the jury that if it believed the government testimony, Morissette was guilty, and the jury convicted him. The court sentenced him to two months in prison or a fine of two hundred dollars.
The Court of Appeals affirmed the conviction. The Supreme Court granted certiorari.
How does theft by deception differ from larceny by trick at common law?
Theft by deception requires that the victim intend to transfer title to the property. Larceny by trick applies only when the victim intends to convey mere custody or possession. Courts determine which offense occurred by examining what interest the victim meant to pass.
Does a victim's voluntary transfer of property defeat liability for theft by deception?
No. The statute criminalizes obtaining property by manipulating another's judgment through false impressions. A transfer induced by deception remains criminal even if the victim appears to act voluntarily.
Must the defendant obtain title rather than mere possession to commit theft by deception?
Yes. When the victim executes documents conveying full ownership in reliance on the false statements, the defendant obtains title and the conduct constitutes theft by deception rather than larceny by trick.
Does the offense require proof that the victim suffered an actual out-of-pocket loss?
No. The crime is complete when the defendant purposely obtains the property by creating a false impression. Later financial results do not affect whether the initial transfer satisfied the elements.
342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.
…twelve hundred and ninety of the penal law, was denominated a larceny, to wit: common law larceny by asportation, common law larceny by trick and device, obtaining property by false pretenses, and embezzlement.” : Cf. Morgan, Instructing the Jury Upon Presumptions and Burden of Proof, 47 Harv. L. Rev. 59; Morgan, Some…
Criminal Law Constitutional ProtectionsStatutory crimes · TheftNEXTGENFoundational