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The Truth About False Representation

Knowingly Or Recklessly Making A False Representation

Many crimes that involve theft through deception include the perpetrator knowingly or recklessly making a false representation. In other words, the perpetrator achieves theft under false pretense. Generally, false pretense includes the perpetrator willfully deceiving the victim into handing over property. In addition, the perpetrator intends the victim to do so before taking action to deceive them under false pretense. False pretense can include statements that are written down, communicated verbally, or even simply implied through some action on the part of the perpetrator or accomplices. In order for a false pretense to become a knowing false representation, the perpetrator suggests that they have some power or authority that they do not actually have in order to get the victim to relinquish the property. However, the perpetrator may also take advantage of their victim under false pretense without ever saying a word. For example, the perpetrator of the crime may simply conceal some important fact that affects the transaction or transfer of property. Most crimes committed under false pretense include a statement made that the perpetrator knows to be false with the hopes of misleading the victim into willingly handing over property. However, in order for the crime to actually legally involve false pretense, the victim must not have been wiling to hand over the property without the misleading information being presented. For example, if the deal has already been made and then an individual makes a false or misleading statement, that does not fall under false representation. If, however, that same information was used to get the victim to hand over property, then it is in fact knowing and reckless misrepresentation. The fact must include knowledge that would affect the outcome of the transfer of property. In other words, if an individual represents themselves as someone in authority, they can only be charged with false representation if that fact would have affected the victim’s decision to transfer property. If that fact did not affect the victim’s decision, the perpetrator is not guilty of false representation. Crimes committed under false pretense often include victims that do not realize what has happened until long after the property has been transferred. For example, a woman that trades one item and receives another item that was claimed to be worth the same may not realize that she was deceived until the other party is long gone. Conversely, if the woman traded a vehicle for a piece of land, knowing that the vehicle would stop running soon, she would be guilty of obtaining property through false pretense. If, however, she was not aware that the vehicle was having such troubles when making the trade, she would not be guilty. A specific intent must be present in order for there to be a legal victim in cases like this.

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