False pretense

In criminal law. False representations and statements, made with a fraudulent design to obtain "money, goods, wares, and merchandise," with intent to cheat. 2 Bouv. Inst, note 2308. Such a fraudulent representation of a past or existing fact by one who knows it not to be true as is adapted to induce the person to whom it is made to part with something of value. 2 Bish. Crim. Law, § 415. The offense is distinguished from "larceny" by the intent with which the injured person parts with his property. In larceny, the property is taken against the owner's will, while by false pretenses he is induced to voluntarily part with it. 77 N. Y. 114. At common law it was not criminal to obtain property by false representation without false weights, measures, or tokens, but this is generally changed by statute. To constitute the offense of obtaining property by false pretenses: (1) There must be an actual representation. (2) The representation must be of a fact, not a prediction of future events, a promise, an expression of opinion, or mere dealer's talk. (4) It must be reasonably calculated to deceive, when considered with reference to the capacity of the person to whom it is made. (5) It must be made (a) with knowledge that it is false; (b) with intent to defraud; (c) with intent to deprive the owner of his property. (6) It must deceive the party to whom jt is made; that is, it must be relied on. (7) Negligence of the person defrauded is no defense. (8) The property must be actually obtained. (9) The person to whom the pretense was made must be defrauded. (10) The thing obtained must be within the terms of the statutes. 2 Clark & Marshall, Crimes, 818. '