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Criminal Law • Crimes Against Property
CRIMLAW#043
Legal Definition
False pretenses are obtaining title to personal property of another by an intentional false statement of past or existing fact with the intent to defraud the other.
Plain English Explanation
False pretenses are like a more extreme version of larceny by trick. Whereas larceny by trick results in the defendant using deception to gain custody of property still legally belonging to the victim, false pretenses results in the defendant using deception to gain legal ownership of the property.
In other words, if a person used deception or fraud to simply gain possession of something, it's larceny by trick. In contrast, if a person used deception or fraud to gain legal ownership of something, it's false pretenses.
In other words, if a person used deception or fraud to simply gain possession of something, it's larceny by trick. In contrast, if a person used deception or fraud to gain legal ownership of something, it's false pretenses.
Hypothetical
Hypo 1: Sam owns a Ferrari. One day, Sam drives to dinner and parks next to the valet. Bob walks up to Sam and pretends to be a valet employee. Sam hands Bob his keys and Bob drives Sam's car away never to be seen again. Result: Bob has committed larceny by trick.
Hypo 2: Sam owns a Ferrari. One day, Sam drives to dinner and parks next to the valet. Bob walks up to Sam and pretends to be a valet employee. Bob hands Sam some paperwork he claims is a receipt needed to valet Sam's car. In reality, it is a bill of sale that, when Sam signs it, legally transfers title of the Ferrari to Bob. Result: Bob has committed false pretenses. He has legally gained title and ownership of the Ferrari, but only through fraud and deception.
Hypo 2: Sam owns a Ferrari. One day, Sam drives to dinner and parks next to the valet. Bob walks up to Sam and pretends to be a valet employee. Bob hands Sam some paperwork he claims is a receipt needed to valet Sam's car. In reality, it is a bill of sale that, when Sam signs it, legally transfers title of the Ferrari to Bob. Result: Bob has committed false pretenses. He has legally gained title and ownership of the Ferrari, but only through fraud and deception.
Related Concepts
Can a defendant commit larceny against abandoned property?
What are the crimes against property?
What is a continuing trespass?
What is arson?
What is burglary?
What is embezzlement?
What is extortion and blackmail?
What is forgery?
What is house burning?
What is larceny?
What is larceny by trick?
What is malicious mischief?
What is receipt of stolen property?
What is robbery?
