2C :20-4. Theft by deception

2C :20-4.  Theft by deception

   2C :20-4.  Theft by deception.

   A person is guilty of theft if he purposely obtains property of another by deception.  A person deceives if he purposely:

   a.   Creates or reinforces a false impression, including false impressions as  to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose;  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;

   b.   Prevents another from acquiring information which would affect his judgment of a transaction;  or

   c.   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.

   The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

    L.1978, c.95; amended 2003, c.43.