2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 1 - Theft
§ 16-8-3. Theft by Deception

1. 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.
2. 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.
3. "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.

(Code 1933, § 26-1803, enacted by Ga. L. 1968, p. 1249, § 1.)

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article, "A Comprehensive Analysis of Georgia RICO," see 9 Ga. St. U.L. Rev. 537 (1993). For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007).

ANALYSIS

• General Consideration
• Larceny After Trust
• Contracts to Perform Services
• Deceitful Representation of Existing Fact or Past Event
• Failure to Correct False Impression
• Application
• Jury Charges
• Punishment

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Pretenses, §§ 3, 11, 27 et seq.

- 35 C.J.S., False Pretenses, § 1 et seq. 52B C.J.S., Larceny, §§ 1, 60, 61.

- Obtaining money for goods not intended to be delivered as false pretense, 17 A.L.R. 199.

May offense of obtaining money or property by false pretenses or confidence game be predicated on obtaining loan or renewal thereof, 52 A.L.R. 1167.

Larceny or embezzlement by one spouse of other's property, 55 A.L.R. 558.

False representation in business transaction as within statute relating to "confidence game," 56 A.L.R. 727.

False statement as to matter of record as false pretense within criminal statute, 56 A.L.R. 1217.

Appropriation or removal without payment of property delivered in expectation of immediate cash payment, as criminal offense, 83 A.L.R. 441.

Evidence of acquisition or possession of money, source of which is not traced, as admissible against defendant in criminal case, 123 A.L.R. 119; 91 A.L.R.2d 1046.

Offense of obtaining property by false pretenses predicated upon transaction involving conditional sale, 134 A.L.R. 874.

Criminal charge predicated upon fraudulently obtaining a check, note, etc., or signature thereon, from the person executing the same, 141 A.L.R. 210.

Criminal offense of obtaining property by false pretenses predicated upon transactions incident to raising of funds for benevolent or charitable purpose, 145 A.L.R. 302.

"Defalcation" within provisions of Bankruptcy Act excepting from discharge debts of fiduciary or officer, 163 A.L.R. 1008.

Obtaining payment by debtor on valid indebtedness by false representation as criminal false pretenses, 20 A.L.R.2d 1266.

False statement as to existing encumbrance on chattel in obtaining loan or credit as criminal false pretense, 53 A.L.R.2d 1215.

Evidence of acquisition or possession of money, source of which is not traced, as admissible against defendant in criminal case, 91 A.L.R.2d 1046.

Attempts to commit offenses of larceny by trick, confidence game, false pretenses, and the like, 6 A.L.R.3d 241.

Criminal liability of corporation for extortion, false pretenses, or similar offenses, 49 A.L.R.3d 820.

Application of "bad check" statute with respect to postdated checks, 52 A.L.R.3d 464.

When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.

Criminal liability for wrongfully obtaining unemployment benefits, 80 A.L.R.3d 1280.

Embezzlement, larceny, false pretenses, or allied criminal fraud by a partner, 82 A.L.R.3d 822.

Modern status of rule that crime of false pretenses cannot be predicated upon present intention not to comply with promise or statement as to future act, 19 A.L.R.4th 959.

What constitutes tax-deductible theft loss under 26 USCS sec. 165, 98 A.L.R. Fed. 229.