False Pretenses

False pretenses is a criminal offense involving the obtaining of title to property through intentional misrepresentation of a past or existing fact, with the intent to defraud the victim. This means the perpetrator knowingly makes a false statement about a fact that already exists or has existed, and uses that falsehood to convince the victim to transfer ownership of property, money, goods, or services to them.

Key elements of false pretenses include:

• Obtaining title, not just possession: The defendant must acquire legal ownership (title) of the property, not merely possession. If only possession is obtained by deception, the crime may be larceny, not false pretenses.
• Intent to defraud: The false representation must be made knowingly and with the purpose of deceiving the victim to gain property.
• Material misrepresentation: The false statement must concern a significant fact, not trivial or exaggerated praise.
• Fact about past or present: The misrepresentation must relate to a fact that exists or existed; false promises or statements about future events do not qualify as false pretenses, even if the promise is not kept.
• Victim’s reliance: The victim must rely on the false statement and transfer the property because of it.

Examples of false pretenses include scams such as fake charities, false emergencies, impersonating officials, bogus sales, rental scams, and phishing schemes.

In summary, false pretenses is a form of theft where the thief gains ownership of property by lying about a past or present fact, intending to cheat the victim out of their property.