Lancaster, PA asked in Criminal Law for Pennsylvania

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

Related Topics:
1 Lawyer Answer
Mariah Balling-Peck
Mariah Balling-Peck
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.