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According to Merriam Websters Dictionary of Law false pretenses are false representations concerning past or present facts that are made with the intent to defraud another also the crime of obtaining title to anothers property by false pretenses Webster 1996 The accused must know that statements made are false whereas the victim believes them to be true A victims property must be given to the accused relying on the misrepresentation and must be to the detriment of the victim and the benefit of the accused Merriam Websters Dictionary of Law defines larceny by trick as larceny of property obtained by the use of misrepresentation esp in getting an owner to hand over something in the belief that it is for temporary purposes Webster 1996 These two crimes sound the same They are similar but they are actually quite different in one aspect Under false pretenses title is intentionally passed to the accused by the victim in reliance on the misrepresented fact In larceny by trick only possession is surrendered because of some artifice trick deception or fraud The victim expects to get the property back Chamelin 2003 A comparison of examples is the easiest way to see the difference An example of false pretense would be if Sam has a counterfeit Rembrandt painting and he tells Ashley a collector of fine paintings that it is an original and that he will sell it to her for 150000 Ashley does not know it is a fake but Sam does Sam came into possession of Ashleys money to her detriment and his gain therefore this is a false pretense case On the other hand if Paul wants to sell a computer to make money and goes into a Rent to Own store and rents a computer for the week under a false name and address and then sells the computer on e-bay this is larceny by trick Paul got the cash he intended to get Rent to
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