An individual makes a false representation of a past or existing material fact.What Are the Legal Elements of False Pretenses?Īlthough the exact definition and legal elements of the crime of false pretenses vary by state, generally the elements of the crime of false pretenses are:
Should I Hire an Attorney for Help with False Pretenses Issues?.What Is the Difference Between False Pretenses and Fraudulent Misrepresentation?.What Are Some Examples of the Crime of False Pretenses?.What Are the Legal Elements of False Pretenses?.However, in the same example, if you convince that same person to instead sell you their vehicle for $10,000 and transfer you title, but you do not have the intention to ever pay them, you will likely be convicted of the crime of false pretenses. For example, if you convince another person to let you borrow their car, but have no intention of returning the vehicle, you may be convicted of the crime of larceny by trick. However, false pretenses differs from the crime of larceny by trick, because false pretenses involves obtaining not only possession of another’s property through deception, but proper title to the property as well. False pretenses is very similar to the theft crime of “ larceny by trick ,” which involves convincing someone to transfer you possession of their property through deception. įalse pretenses, also known as “obtaining property by false pretenses,” is a crime that is a combination of fraud and larceny where an individual lies or makes misrepresentations in order to obtain the property of another. The act of embezzlement occurs when the person entrusted to handle funds takes funds for their own personal use, and is generally classified as a white collar crime. Embezzlement is similar to larceny in that it involves a taking of the property of another person or business, however the person who performs the taking has permission to access and handle the funds. Specifically, larceny is the unlawful taking of the property of another without the permission of the owner coupled with the intent to permanently deprive the owner of that property. Both larceny and embezzlement are theft crimes that deal with the taking of another’s property without consideration or permission from the owner of the property.Ĭriminal fraud occurs when an individual misrepresents a material fact that they know to be false, with an intent to deceive another, which results in an actual injury or damages to the individual that relies on the misrepresentation. In order to better understand the crime of false pretenses you must first understand the crimes of fraud, larceny, and embezzlement.
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