Numerous individuals are skilled enough with their words to make others believe anything they say; however if they use this skill of trickery and lies to cheat another person, they could face charges of theft by deception.
Theft by deception
According to Utah Code 76-6-405 : “A person commits theft [by deception] if the person obtains or exercises control over the property of another person: by deception; and with a purpose to deprive the other person of the property.” Theft by deception only applies if the item has “pecuniary [monetary] significance.”
Semi honest ads
From a business’ point of view, theft by deception may appear legal seeing how the victim willingly hands over their money for an item or service. Most sales promotions, ads, and commercials made by businesses have exaggerated deals, which are usually excused as “puffing” or overstatements that wouldn’t fool the common Joe. However going overboard and outright lying about conditions or products may bring charges of theft by deception.
Taking advantage of gullible people
Theft by deception can be as simple as getting someone to believe that they have to give up an item or money. There are many people out there that will take another person on their word. Taking advantage of these overly trusting individuals and tricking them out of a belonging or funds is against the law. Utah Code 76-6-404 states, “A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.” When someone is tricked out of an item or funds, the party who made a fool of the victim was intentionally trying to “deprive him”, and therefore by law- committed theft.
Resist deceiving others
Theft by deception can carry different fines and penalties. The charges depend on the item involved, the amount (or worth), and whether or not this is a subsequent offense. With all these factors to consider, theft by deception could range from a class B misdemeanor to a 2nd degree felony. Any persons facing charges of theft by deception are encouraged to speak with a criminal defense attorney immediately.