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Larceny or False Pretenses Intent as to the False Statement of Fact

8 October, 2015 - 17:41

As stated previously, the taking in both larceny by trick and false pretenses occurs when the defendant makes a false representation of fact that induces the victim to transfer the property or services. In many jurisdictions, the defendant must have general intent or knowledge that the representation of fact is false and must make the false representation with the specific intent or purposely to deceive. 1 The Model Penal Code criminalizes theft by deception when a defendant purposely “creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind” (Model Penal Code § 223.3(1)).