Also known as: obtain money by false pretenses · obtained money by false pretenses · false pretenses · theft by false pretenses
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 the victim. The key element is that the victim intends to convey full ownership rather than mere custody or possession. Courts examine the interest the victim meant to transfer to distinguish this offense from larceny by trick.
Onyx O'Reilly met with an elderly client and claimed a regional bank had already confirmed his private fund's prior market outperformance using similar bonds. No such report existed. Relying on the statement the client signed documents transferring full title to her municipal bonds into the fund. Onyx thereby obtained ownership through the misrepresentation of an existing fact.
Omar Olson told Lena that a title company had already issued a clean report showing all back taxes and liens paid on her apartment building. No report existed and liens remained. Relying on the statement Lena executed and delivered a deed conveying the building to Omar. He thereby acquired title to the property through the false representation of an existing fact.
Select any source to read its text and confirm it supports the definition.
Owen Ortega falsely stated to startup founders that his former employer had already assigned him rights in a nearly identical codebase. The company still owned the code. Relying on the statement the founders signed documents conveying full ownership of their proprietary tool to Owen. He thereby obtained title through the knowing misrepresentation of a past fact.
Orion Orlov told an investor that a completed bank due diligence report already confirmed his fund's past performance with similar bonds. No report or history existed. Relying on the statement the investor transferred full title to a portfolio of bonds into the fund. Orion thereby acquired ownership through the false statement of an existing fact.
Ophelia O'Brien told a warehouse operator that a foreign buyer had already executed a bill of sale and deposited funds for diverted electronics. Negotiations remained preliminary with no funds deposited. The operator agreed only to store the crates pending resale. Ophelia thereby obtained mere custody rather than title through the misrepresentation.
Orson Ochoa entered a partner's office after hours and placed an antique pen set in his bag intending a weekend photo shoot and secret return. No misrepresentation occurred and the partner never intended any transfer. Orson thereby obtained only temporary possession without acquiring title through any false statement of fact.
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 when parting with the property.
Supporting sources
Yes. Under traditional common law a false promise about future performance even if made without present intent to perform does not establish false pretenses. The statement must relate to a past or existing fact.
Supporting sources
No. Apparent voluntary consent induced by a knowing false statement of fact does not defeat the offense. The victim's reliance on the misrepresentation satisfies the elements when title passes.
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…fraudulent use of a credit card; in 1969, he was convicted of passing a forged check; finally, in 1973 Rummel was charged with obtaining money by false pretenses, which is also a felony under Texas law. These three offenses were indeed nonviolent. Under Texas' recidivist statute, which provides for a mandatory life sentence upon conviction for a…