Legal Definitions - obtaining property by false pretenses

Obtaining property by false pretenses refers to a criminal offense where an individual intentionally deceives another person through a false statement about a past or existing fact, with the specific goal of convincing the victim to voluntarily transfer ownership or possession of their property to the deceiver. For this crime to be committed, the victim must genuinely rely on the false statement and, as a direct result, part with their property.

Here are some examples illustrating this legal concept:

• Example 1: The Bogus Charity Fundraiser

  A person creates a sophisticated online campaign, including a website and social media profiles, claiming to be raising emergency funds for victims of a devastating, but entirely fictitious, natural disaster in a remote country. They solicit donations, and several individuals, moved by the fabricated story, transfer money to the person's bank account, believing their contributions will aid those in need.

  Explanation: The individual made a false representation (the existence of a legitimate disaster and a genuine relief effort) about an existing fact. Donors relied on this false pretense and were induced to voluntarily transfer their property (money) to the deceiver, who intended to keep the funds for personal gain rather than for any charitable purpose.

• Example 2: The Unlicensed "Expert" Contractor

  An individual approaches a homeowner, presenting themselves as a highly experienced and licensed plumbing contractor. They show fabricated business cards and a fake portfolio of past work. They convince the homeowner that their pipes are in urgent need of replacement and demand a substantial upfront payment for materials and labor. After receiving the money, the individual disappears without performing any work, and it is later discovered they were never licensed or qualified.

  Explanation: The individual made false representations (being a licensed contractor, having expertise, intending to perform work) about existing facts. The homeowner relied on these lies and was induced to part with their property (the upfront payment), which the deceiver intended to steal without providing any service.

• Example 3: The Counterfeit Collectible Sale

  A seller lists a rare, vintage comic book online, describing it as an authentic first edition in mint condition, complete with a certificate of authenticity. They provide doctored photographs that obscure a significant tear and the fact that the "certificate" is a crude forgery. A collector, believing the item is genuine and in perfect condition, purchases it for a very high price, only to discover upon receipt that it is a damaged replica with a fake certificate.

  Explanation: The seller made false statements (authenticity, condition, genuine certificate) about existing facts concerning the comic book. The buyer relied on these false pretenses and was induced to transfer their property (money) for an item that was not as represented, with the seller intending to defraud the buyer.