False Pretenses

Question 1

What is false pretenses?

Answer 1

False pretenses is the false representation of a material present or past fact which causes the victim to pass title to his property to the wrongdoer who knows his representation to be false and intends thereby to defraud the victim.

Question 2

What makes a representation material?

Answer 2

A representation is material if it would reasonably tend to influence the conduct of the victim.

Question 3

How do jurisdictions differ regarding promises in false pretenses?

Answer 3

In some jurisdictions, a promise the promisor does not intend to keep constitutes a statement of present fact. In other jurisdictions, it constitutes a statement of future fact.

Question 4

What must the victim do in reliance on the false representation?

Answer 4

The victim must pass title to the property in reliance on the false representation.

Question 5

What distinguishes false pretenses from larceny by trick?

Answer 5

False pretenses requires the victim to actually pass title of the property to the defendant. If the victim merely passes possession, the crime is ‘larceny by trick’ rather than false pretenses.

Question 6

What constitutes intent to defraud?

Answer 6

A defendant has intent to defraud if the defendant purposely deprives the owner of the property by deceit.