<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ticked off:
what is the diffrence between theft by deception and shoplifting? If there is a diffrence at all.<HR></BLOCKQUOTE>
A. Theft is the taking of property by one without authority of, or payment to, another who is lawfully the owner. E.g., the old "five finger discount".
B. Theft by deception.
Offense defined.--A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:
1. creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
2. prevents another from acquiring information which would affect his judgment of a transaction; or
3. fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
Exception.--The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.
So, which one were you, Ms. Chemist?
IAAL