What are the elements of theft by false pretenses?

California, United States of America


The following excerpt is from People v. Conlon, 207 Cal.App.2d 86, 24 Cal.Rptr. 219 (Cal. App. 1962):

The necessary elements that must be shown to establish the crime of theft by false pretenses are: '(1) an intent to defraud; (2) an actual fraud committed; (3) the use of false pretenses to perpetrate the fraud; and (4) reliance upon the fraudulent representations in parting with money or other property.' (People v. Caruso (1959), 176 Cal.App.2d 272, 276, 1 Cal.Rptr. 428.) There can be no question but that the evidence clearly shows all four of these elements. Defendants' main attack is on the first and second elements above set forth.

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