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False PretensesFalse pretenses or obtaining property by false pretenses is a common law crime; it is also a statutoraly created law to handle situations where larceny did not work. It consists of (1) obtaining title (2) to personal property of another (3) by an intentional false statement of past or existing fact (4) with intent to defraud the other. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact. Note that it is essential that the victim of the false pretenses must actually be deceived by the misrepresentation, and the fact that the victim is deceived must be a major (if not the only) factor of the victim granting title to the defendant. Simply making a false promise or statement is not sufficient. The misrepresentation has to be affirmative. A failure to disclose a fact does not fit this misrepresentation in common law, unless there is a fiduciary duty between the thief and victim. Courts have also held that the representation be of a present or past fact. The policy here is that to rely on a future fact is more foolish. People who deceive using present facts are more dangerous than those who deceive by false promises. At trial, the prosecution must show not only that the misrepresentation was false, but that the thief knew of the falsity. Additionally, the thief must intend to defraud. Moreover, opinion and puffing are not considered misrepresentation as they color the facts but do not misrepresent them. Additionally, title must pass between parties. So, deceiving a third party to pass property for a specific purpose, courts have held that this is larceny by trick in that larceny by trick simply uses a deception to deprive the owner of possession, not title.
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