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theft by deception vs shoplifting

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ticked off

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what is the diffrence between theft by deception and shoplifting? If there is a diffrence at all.
 


I AM ALWAYS LIABLE

Senior Member
<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
 
T

ticked off

Guest
Originally posted by I AM ALWAYS LIABLE:
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
[/QUO


I AM NEITHER, MR.SMART MOUTH!!!
 

I AM ALWAYS LIABLE

Senior Member
My response:

I asked a cogent question of you. You asked for the definitions and I asked which definition you felt you fell under, otherwise you wouldn't have asked.

This just became the last response you'll get from anyone on this site. Now, instead of FreeAdvice, you'll be paying an attorney.

IAAL

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