Theft by Deception: Laws & Legal Definition
There are many types of theft, each defined according to different federal- and state-based categories. For instance, theft where the value is small might be categorized as a lesser crime, misdemeanor, or petty theft. However, once the value becomes severe or involves a large amount of money, it is typically classified as grand theft, a felony, or grand larceny.
Depending on the way in which the theft took place, charges beyond the theft itself can be added. If, for example, you stole a vehicle at gunpoint, then you might face charges not just of grand theft auto (for the value of goods stolen and the car) but for armed robbery or theft with a deadly weapon (for perpetrating the theft with a gun).
Another category involves the intent underlying the theft, and that is theft by deception. In this guide, we will touch upon theft by deception examples, definition, sentence time, and more. Read on.
What Is Grand Theft by Deception?
The theft by deception meaning generally lies in a misdemeanor crime where someone is convicted of unlawfully taking something that belongs to someone else by intentionally deceiving them, usually with deceptive words or a deceptive act. The language used to define theft by deception differs by state, but typically includes something to the effect of creating a false impression.
Theft by deception definition
While the theft by deception examples varies by state, almost all states include three basic elements:
Someone falsely creates or reinforces a false impression.
Someone tries to stop another from acquiring information, which would fix a false impression.
Someone fails to correct a false impression and makes money from that false impression.
All of these cases must involve some sort of gain or some sort of property exchange. Here, the term “property” can include physical property, like a car or tools, or money.
The only exception to this is a situation where no money or property was exchanged or where someone exaggerated the quality or quantity of goods to attract buyers, legally referred to as “sales puffing”.
See theft by deception definitions in several US states:
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The Pennsylvania Title 18 defines theft by deception as an intentional act to “create or reinforce a false impression, including false impressions as to law, value, intention or other state of mind… [or attempts to prevent] another from acquiring information which would affect his judgment of a transaction…[or failure to] correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.”
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The Nebraska Statute 28-512 defines theft by deception as situations where someone recreates or reinforces a false impression “as to law, value, intention, or other state of mind. The law outlines the same three situations described in Pennsylvania but also includes use of “a credit card, charge plate, or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer (a) where such instrument has been stolen, forged, revoked, or canceled, or where for any other reason its use by the actor is unauthorized, or (b) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument.”
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The Maine Title 17 places theft by deception under the same category as petty theft. It echoes the same three key elements outlined by Pennsylvania. However, their laws also include the element of transferring property without disclosing that someone else has an interest in that property and preventing someone from obtaining information relating to a property.
What Is the Penalty for Theft by Deception?
Given that theft by deception is still considered theft, most states will determine penalties based on the amount of money or value of property stolen.
Theft by deception charges
Charges, punishments as well as theft by deception jail time vary by state. These are typically based on the criminal history of the perpetrator, especially any criminal history relating to felony theft by deception, and the amount stolen. Much like other crimes, the elements of the theft will also play a role in which charges are levied, such as use of a weapon or fake identification.
Theft by deception punishments
The theft by deception jail time and other punishments assigned go hand-in-hand with the charges levied. The greater the value stolen, the worse the charges are, and the more severe the punishment is.
In the state of Pennsylvania:
- Stealing money or property up to $2,000 is a misdemeanor and can include up to 1 to 5 years in jail and fines up to $10,000, depending on the amount stolen.
- Stealing money or property more than $2,000 is a felony and can include up to 7 years in prison and fines up to $15,000.
In another example, if you are charged with theft by deception in Maine, the property value also plays a role. For example:
- Stealing money or property up to $1,000 is a misdemeanor and can earn up to 1 years in jail and fines up to $2,000, depending on the amount stolen.
- Stealing money or property between $1,000-$10,000 is a felony and can earn up to 5 years in jail and fines up to $5,000.
- Stealing more than $10,000 is a felony with up to 10 years in prison and fines up to $20,000*.
*In Maine, however, there are exceptions to this. Is theft by deception a felony? If you are charged as a thief who takes a firearm or an explosive, then no matter the value it is automatically a felony charge of the highest degree.
In almost every state, if you are convicted more than once, that factor will typically enhance the charges in court. So, if you have already been convicted of a lesser misdemeanor and you are charged with another crime, the penalty will likely move up a class, regardless of monetary value.
How Can You Prove Theft by Deception?
To prove theft by deception, you should consider filing a personal property demand letter and working with a lawyer. Theft by deception necessitates proof that there was intent to deceive, which, based on the situation of the theft, might be very challenging to prove. This is especially true in the example of the credit card charges and the Nebraska man cited above.
Conversely, if you are involved in a case where the impression revolves around the question ‘is theft by deception a felony or misdemeanor,’ a good criminal defense lawyer can create an available legal defense for you.
Ensure clear warning of returning your personal belongings in this Personal Property Demand Letter form
Conclusion
Overall, theft by deception involves any situation where someone knowingly and intentionally deceived another to obtain property or money that was not theirs. If you or someone you know is facing charges for this type of theft or was the victim of this type of theft, it is best to work with a qualified attorney.
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