Friday, February 12, 2010

If a person is charged with false pretense, what does than mean?

there is a preacher in a town near me that had this happen to.


i know i might be a little dumb, but heck, i really don't know.If a person is charged with false pretense, what does than mean?
';(law) an offense involving intent to defraud and false representation and obtaining property as a result of that misrepresentation';





wordnetweb.princeton.edu/perl/webwn











';False pretenses or obtaining property by false pretenses is when a person or persons obtains property by lying about a past or existing fact.





...In the US,...


';This offence consists of (1) obtaining title (2) to personal property of another (3) by an intentional false statement of past or existing fact (4) with intent to defraud the other.[1] False Pretenses is a statutory offense in most jurisdictions. The subject matter of false pretenses is not limited to tangible personal property - statutes include intangible personal property and services. For example the North Carolina false pretense statute applies to obtaining ';any money, goods, property, services, choses in action, or any other thing of value ...';[2]





Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.





Note that it is essential that the victim of the false pretenses must actually be deceived by the misrepresentation, and the fact that the victim is deceived must be a major (if not the only) factor of the victim granting title to the defendant. Simply making a false promise or statement is not sufficient. It is not a defense to false pretenses charge that a reasonable person would not have been deceived by the false representation. No matter how gullible the victim, if he/she was in fact deceived the offense has been committed. On the other hand the offense requires the victim believe the representation to be true. If the person to whom the representation has been made has doubts or serious misgivings about the truth of the representation but nonetheless goes through with the transaction he has not been deceived - he has basically assumed the risk of a false representation.





The misrepresentation has to be affirmative. A failure to disclose a fact does not fit this misrepresentation in common law, unless there is a fiduciary duty between the thief and victim. Courts have also held that the representation be of a present or past fact. The policy here is that to rely on a future fact is more foolish. People who deceive using present facts are more dangerous than those who deceive by false promises. At trial, the prosecution must show not only that the misrepresentation was false, but that the thief knew of the falsity. Additionally, the thief must intend to defraud. Moreover, opinion and puffing are not considered misrepresentation as they color the facts but do not misrepresent them.';





http://en.wikipedia.org/wiki/False_prete鈥?/a>If a person is charged with false pretense, what does than mean?
When someone uses a lie or a ';pretense'; to get money or property from them, it is called ';false pretense. Pretending to need money for a doctor and someone gives it to you and you go buy a car with it, that is, Obtaining money by false pretense. When you use a scam to get someone's money or property, that is ';obtaining property/money by false pretense. To lie to get something from someone and using it for something else, is ';false pretense';
When someone gets someone else to hand over money or property by using fraud or misrepresentation, they have obtained something under false pretenses. For instance, in the case of this preacher, if he started a collection in his parish to build a new church when he had no intention of doing so, and kept the money for himself, he would have obtained that money under false pretenses.
He misrepresented himself.
A fancy way of saying 'you lied'...dumb people don't know the difference. No offense intended.





~peace~

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