California Penal Code Section 532 PC defines the crime of theft by false pretenses. This offense occurs when someone intentionally deceives another person through lies, tricks, or misleading promises, and as a result, obtains money, property, or services from that person.
The law treats this as a form of theft, but it differs from other types such as larceny or embezzlement because it relies on consent gained through deception.
What Is “False Pretenses” Theft?
To understand Penal Code § 532 PC, it’s helpful to break it down:
False Pretenses: This means knowingly making a false statement or promise with the intent to trick someone.
Theft: The result of the deception is that the victim gives up their property, money, or labor.
This is not about taking something without consent (like burglary or robbery). Instead, it’s about convincing someone to give it to you willingly, based on a lie.
Legal Elements the Prosecution Must Prove
To convict someone of theft by false pretenses under 532 PC, the prosecutor must prove four main elements:
A false representation was made:
The accused made a lie or misleading statement (or concealed facts).
It can be verbal, written, or even by conduct.
The defendant knew the statement was false:
This means the person was aware they were lying or misleading the victim.
The intention was to deceive:
The goal was to trick the victim into giving up something of value.
The victim actually relied on the false statement and gave property:
The person believed the lie and gave the defendant money, goods, services, or labor.
In simpler terms: Lied → Intent to deceive → Person believed → Gave property = Crime committed.
Examples of Theft by False Pretenses
Let’s look at some examples:
Fake Investment Scheme: A man tells people he’s investing their money in a startup. The business doesn’t exist, and he uses the money for personal expenses.
Lying About Job Services: A woman advertises job placement services for a fee but has no real contacts or job offers.
False Identity Use: Someone pretends to be a landlord and collects deposits from people for a rental that they don’t own.
In all these cases, the victims give money based on a lie – that’s theft by false pretenses.
How It Differs From Other Types of Theft
| Type | Definition | Key Feature |
|---|---|---|
| Larceny | Taking someone’s property without their permission | No consent |
| Embezzlement | Taking property you were entrusted with | Abuse of trust |
| Theft by Trick | Temporarily obtaining property by lies | Trick, but not full ownership |
| False Pretenses | Getting someone to give you their property through intentional deception | Consent obtained through lies |
532 PC focuses on intent, misrepresentation, and victim belief.
What Evidence Is Required?
California law (Penal Code § 532(b)) says that the false pretense must be proved by one of the following:
A written document (like a fake contract or check)
A signed confession or note from the defendant
Testimony of two witnesses
One witness with corroborating evidence
This helps prevent false accusations based on misunderstandings.
Penalties Under California Law
The severity of the penalty depends on how much was stolen and the nature of the property.
Petty Theft (Property worth $950 or less):
Misdemeanor charge
Up to 6 months in jail
Up to $1,000 fine
Grand Theft (Property over $950 or specific types like cars, firearms, or livestock):
Can be misdemeanor or felony
Felony: Up to 3 years in prison
If multiple victims or large amounts are involved, additional charges may apply.
Common Legal Defenses
If you are charged under 532 PC, several defenses may be available:
1. Lack of Intent:
You didn’t intend to deceive – maybe it was a misunderstanding or you believed what you said.
2. No False Representation:
You never made a false promise or statement; the other party misunderstood or assumed incorrectly.
3. Victim Did Not Rely on the Statement:
Even if you lied, the person may not have acted based on that lie. If they gave you money for a different reason, this charge may not apply.
4. Insufficient Evidence:
The prosecution must meet specific evidence standards. If they can’t produce strong proof (e.g., written evidence or multiple witnesses), the case may be dismissed.
Immigration and Criminal Record Consequences
A conviction under 532 PC can have long-term effects:
Immigration Consequences: This is considered a crime involving moral turpitude, which can lead to deportation or denial of naturalization.
Record Impact: A conviction may remain on your record and appear in background checks.
Professional Licensing: Certain careers (like healthcare, law, finance) may be affected.
Expungement Options
If convicted, you may be able to clear your record through expungement if:
You completed probation successfully
You didn’t serve time in state prison
You haven’t committed other offenses
Expungement doesn’t erase the conviction but releases you from some penalties, like job application restrictions.
How to Avoid Getting Caught Up in False Pretenses Cases
Get written agreements when giving or receiving money.
Be cautious of “too good to be true” deals.
Verify business licenses and identities before signing contracts.
Consult an attorney if you’re unsure about an agreement or promise made to you.
Conclusion
California Penal Code § 532 PC punishes those who use lies and tricks to gain property or services. It’s a serious offense with real consequences, both legally and personally.
If you’re accused or believe someone has tricked you, it’s important to consult a legal professional. Understanding this law helps you protect yourself from fraud and stay on the right side of the law.
Need Help With a Theft by False Pretenses Case?
If you or a loved one is facing charges under California Penal Code § 532 PC, you don’t have to face it alone. Theft by false pretenses is a serious allegation that can lead to fines, jail time, and a lasting criminal record—but with the right legal team, you can protect your future.
At Southwest Legal, we specialize in defending clients against theft-related charges across Southern California. Our experienced attorneys understand the nuances of 532 PC cases and will fight for the best possible outcome in your case.
