What is False Pretenses in Virginia?

The general false pretense crime is found in Virginia Code 18.2-178. The statute creates two false pretenses crimes: (1) obtaining property by false pretenses and (2) obtaining a signature by false pretenses. Obtaining Property by False Pretenses - In order to obtain a conviction for false pretenses, the prosecutor must prove that accused intended to defraud the victim, that an actual fraud was committed, that false pretenses were used to commit the crime (i.e.

, a misrepresentation about an existing fact), and that the false pretenses caused the victim to turn over the property. The victim must turn over both title and possession for the crime of false pretenses to occur. Obtaining a Signature by False Pretenses - To obtain a conviction for false pretenses based upon obtaining a signature by false pretenses, the prosecutor must prove that the accused intended to defraud the victim and that he obtained the signature of a person to a writing based upon a misrepresentation.

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