Lancaster, PA asked in Criminal Law for Pennsylvania

Q: What does conspiracy-theft by deception-false impression mean

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1 Lawyer Answer
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ
Answered
  • Criminal Law Lawyer
  • Uniontown, PA
  • Licensed in Pennsylvania

A: Conspiracy is essentially when someone you are with commits a crime and you are aware that the crime is being committed. Essentially, you are charged by the Commonwealth as if you yourself committed the crime, even though you may have only been associated with or involved at with the person who actually committed the offense; Theft by deception is an offense that one can be found guilty of if they intentionally obtains or withhold property of another person by "deception." A person is considered to have deceived if they intentionally (1)create or reinforce 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. There is an exception under Pennsylvania Law: The term "deceive" does not include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. "puffing" is generally referred to for example as when someone is selling you a car and "puffs" up how great the vehicle is or will be for you. It is standard in the sales industry and is where common sense comes into play. Hope this helps.

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