532 PC – “Theft by False Pretenses” – California Law

California Penal Code 532 PC prohibits theft by false pretenses, which is defrauding someone of money or property by way of false promises or representations. It may be prosecuted as a a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

The text of the law reads as follows:

PC 532. (a) Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.

Basically, theft by false pretenses is the act of convincing someone to voluntarily give you their property, by telling them something that is not true, or making a promise that will not be kept.

Because we normally think of theft as the act of taking away someone’s property against their will, it may surprise you to learn that the crime of theft by false pretenses even exists. Indeed, many people who are charged with this crime are rightfully shocked to find out that they are being called “thieves.”

The fact is that “false pretenses” is a theft crime just like shoplifting or grand theft auto. If you are charged with this crime, you may face the same kinds of penalties as someone who is charged with one of those more conventional kinds of theft.

In this article, our California criminal defense attorneys will address the following:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Related Crimes
• Additional Reading

If you would like more information after reading this article, we invite you to contact us at Shouse Law Group.

1. Elements

The California crime of theft by false pretenses is lying to someone else in order to persuade them to give you their property or something of value.

The elements of this crime are spelled out in Jury Instruction “CALCRIM” 1804. For you to be convicted of theft by false pretenses, prosecutors must prove beyond a reasonable doubt the following four elements:

1. You need to have knowingly and intentionally deceived someone;
2. You need to have intended to persuade another person to give up their property or labor to you;
3. The person who gives up their property or labor needs to have done so because they were relying on what you told them; and
4. You actually made the false pretense.¹

A false pretense can be proved by either:

1. A false writing or “false token” (like fake money) that accompanied the false pretense,
2. A note or memorandum of the false pretense that is signed or handwritten by you,
3. Testimony from two witnesses that you made the false pretense, or
4. Testimony from one witness plus corroboration (additional evidence that supports the conclusion that you made the pretense).²

The first element of the crime of false pretense theft is that you need to have knowingly and intentionally deceived someone.

2. Penalties

Theft by false pretenses is punished the same way as other forms of theft in California. A Penal Code 532 PC violation is petty theft when the property stolen is worth $950 or less and is not:

• a car,
• a firearm,
• livestock, or
• certain kinds of agricultural products.

Otherwise, theft by false pretenses is prosecuted as grand theft.³

Petty Theft

Petty theft is a misdemeanor that carries up to:

• 6 months in county jail and/or
• Up to $1,000.⁴

Grand Theft

In most cases, grand theft is a wobbler, meaning that it can be charged as a misdemeanor or a felony depending on the facts of your case and criminal history.

Misdemeanor grand theft carries up to one year in county jail. Meanwhile, felony grand theft carries a jail sentence of:

• 16 months,
• 2 years, or
• 3 years.

There is one exception to the rule that grand theft is a wobbler: If the theft of a firearm is involved, grand theft will always be charged as a felony. The penalty will be a prison sentence of either:

• 16 months,
• 2 years, or
• 3 years.⁵

A conviction of Penal Code 532 PC can lead to up to 3 years in jail or prison.

3. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with theft, including theft by false pretenses. In our experience, the following two defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed.

You Had No Intent to Deceive

You cannot be convicted of false pretense theft unless you intentionally deceived someone. This can mean that you told an intentional lie, or that you:

• withheld or concealed crucial information intending to mislead someone,
• recklessly claimed something was true without knowing if it really was true, or
• promised to do something when you never intended to do it.⁶

This may be the toughest element of the crime of theft by false pretenses for prosecutors to prove. There is no way for anyone else to know exactly what was going on in your head.

Maybe you genuinely believed that what you were saying was true, or that you would be able to keep your promise. You also may have made a mistake of fact that caused you to say something that was untrue but not with the intent to deceive.

The Victim Did Not Rely on Your False Pretense

You cannot be convicted of false pretense theft unless the supposed “victim” of your crime relied on the false pretense when giving you their property.⁸ This can be another tough element for the D.A. to prove because it depends on a complicated analysis of the other person’s motives.

In many cases, people are charged with theft by false pretenses in the context of complicated business or financial dealings with others. The people who are the so-called “victims” may not be victims at all: They may have known exactly what they were getting into but later may try to turn the matter into a criminal case when things do not go their way.

4. Related Crimes

• Check fraud
• Internet fraud
• Senior fraud
• Unemployment insurance fraud

Obtaining someone else’s property by paying with a bad check could be theft by false pretenses

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Criminal Law: Theft: False Pretenses: Series of Payments of Money in Reliance on One Misrepresentation as Constituting Separate Offenses – California Law Review.
• Criminal Law: Attempted Theft by False Pretenses: Impossibility in Fact – California Law Review.
• Attempted Grand Theft by False Pretenses Where Victim is not Deceived – Southern California Law Review.
  
• Criminal Law: False Promises as False Pretenses – California Law Review.
• Theft by False Promises – University of Pennsylvania Law Review.
• Criminal Misrepresentation: Obtaining by False Pretenses – Nebraska Law Bulletin.

Legal References: