bmmccb223 wrote:whats an updog wrote:Can anyone explain the difference between larceny by false pretenses and larceny by trick when the defendant has received cash for something? Is it always larceny by false pretenses since you're considered to have "title" to cash?
That's tricky to answer without a factual scenario. However, suppose that Person A tricks Person B into giving him money in exchange for some sort of contractual performance that Person A never intends to carry out. In that case, Person A has possession of but not title to the money since he hasn't fulfilled his side of the bargain. It seems he could be convicted of larceny by trick but not false pretenses.
False pretenses is when someone takes Title by misrepresenting a material fact. Larceny by Trick is taking possession by misleading the person. For example larceny by Trick would be me borrowing something but never intending to return it. There I'm only taking possession of an item without the intent to return and depriving that person of the property. False pretenses would be selling a piece of counterfeit art and stating that it was a real Van Gogh. Here I'm taking title to the other person's money through the Miss representation of a fact.