Savannah, GA asked in Criminal Law for Georgia

Q: I was not honest about a doctors appointment in order to get a flight refund

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: CIVIL RAMIFICATIONS: THEY CAN SUE YOU FOR THE MONEY BACK

ACCORDING TO OCGA 51-6-2 (a) Willful misrepresentation of a material fact, made to induce another to act, upon which such person acts to his injury, will give him a right of action. Mere concealment of a material fact, unless done in such a manner as to deceive and mislead, will not support an action.

(b) In all cases of deceit, knowledge of the falsehood constitutes an essential element of the tort. A fraudulent or reckless representation of facts as true when they are not, if intended to deceive, is equivalent to a knowledge of their falsehood even if the party making the representation does not know that such facts are false.

Ga. Code Ann. § 51-6-2

CRIMINAL RAMIFICATIONS: THEY CAN TAKE OUT A CRIMINAL WARRANT

ACCORDING TO Ga. Code Ann. § 16-8-3 (West)

a) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.

(b) A person deceives if he intentionally:

(1) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;

(2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;

(3) Prevents another from acquiring information pertinent to the disposition of the property involved;

(4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or

(5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.

(c) “Deceitful means” and “artful practice” do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

Ga. Code Ann. § 16-8-3

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