Also known as: larceny by false pretence · larceny by false pretenses · false pretenses · larceny by trick
Written by attorneys · grounded in primary & secondary sources — see below
A common law theft offense committed when a defendant obtains title to the property of another by making a knowing false statement about a past or existing fact with intent to defraud and the victim relies on the misrepresentation in transferring title.
Luke Latham told Lillian Locke that a title company had already issued a clean report confirming all back taxes and liens on her apartment building were paid. In fact no report existed and liens remained. Relying on the statement Lena executed and delivered a deed conveying full ownership to Luke.
Logan Lane falsely told the founders of a startup that his former employer had already assigned him all rights in a nearly identical codebase written years earlier. Relying on the statement the founders signed documents conveying full ownership of their proprietary tool to Logan who later sold it.
Select any source to read its text and confirm it supports the definition.
Luis Lopez told his elderly client that a regional bank had already confirmed his private fund had previously outperformed the market using similar bonds. No such report or history existed. Relying on the statement the client signed documents transferring full title to the bonds into the fund.
Latoya Lane told the owner of a small manufacturing plant that a title company had already issued a clean report showing all back taxes and liens were paid. No report existed and liens remained. Relying on the statement the owner executed and delivered a deed conveying the plant to Latoya.
Lucy Liu told an investor that a bank had already completed due diligence confirming her private fund had previously outperformed the market with similar bonds. No such report or history existed. Relying on the statement the investor signed documents transferring full title to municipal bonds into the fund.
Legacy Motors told startup founders that its former employer had already assigned all rights in a nearly identical codebase written years earlier. The company still owned the code. Relying on the statement the founders executed documents conveying full ownership of their software tool to Legacy Motors.
False pretenses requires the defendant to obtain title to the property while larceny by trick requires only custody or possession. Courts determine which offense applies by examining what interest the victim intended to convey.
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Yes. Under traditional common law a false promise about future performance even without present intent to perform does not establish false pretenses. The statement must concern a past or existing fact.
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The defendant must act with intent to defraud and the victim must actually rely on the knowing false statement of past or existing fact in deciding to transfer title.
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Execution and delivery of a deed or other transfer documents shows the victim intended to convey title rather than mere custody and supports false pretenses when induced by a knowing factual misrepresentation.
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…felonies. In 1964, 1966, and 1969 Helm was convicted of third-degree burglary. In 1972 he was convicted of obtaining money under false pretenses. In 1973 he was convicted of grand larceny. And in 1975 he was convicted of third-offense driving while intoxicated. The record contains no details about the circumstances of any of these…