What are false pretenses?
False pretenses is the crime of "obtaining title to the property of another by an intentional (or knowingly) false statement of past or existing facts with intent to defraud the rightful owner.
Take the word "statement" broadly. It is a "false statement" if I come to your home in police uniform and take possession of your pistol, when I am not a police officer. The difference between false pretenses and larceny is that with larceny, the true owner has no desire or knowledge that he is giving up possession or ownership of the property. In "false pretenses," the victim is deceived into voluntarily giving up title or possession, such as if I posed as an agent for someone to whom you owed money, and collected it and kept the money. Larceny would result if I slipped it out of your pocket without permission or took it from your wallet while you slept.
(Reviewed 12-08) |