What is theft by deception?

On Behalf of | Jul 6, 2023 | Criminal Defense |

Under Kentucky law, there are a variety of theft charges. Understanding your case and being able to create a defense requires knowing the specific theft charge you face.

One option is theft by deception. This crime occurs when someone intentionally deceives another to illegally take his or her property. For example, a person may buy a car from a friend but have no intention of actually paying for it. This crime has several characteristics that can help to further define it.

Creating comfort in the victim

The guilty party must create some type of false impression. This might include offering a payment for the property but knowing that the check written will not clear.

Taking steps to deprive the victim

The guilty party must also take steps that help to further the crime. They must prevent the owners from having access to the property or prevent them from gathering information that would help get their property back.

Committing deceptive acts

The person who is taking the property may also take other steps to keep the property without paying for it or otherwise completing the agreement that would make it legally theirs. This could include someone selling a vehicle that they know has a lien against it but not telling the buyer it has a lien.

Theft by deception is a crime requiring intent because the person committing the act must be doing so intentionally to take away the property of another. It can happen in a variety of ways, but in the end, the rightful owner does not have their property because the other party took it.