What are the elements of theft by trick or larceny by trick?

California, United States of America


The following excerpt is from People v. Hanson, G054489 (Cal. App. 2018):

Attorney General concludes, "There was no theft until [Hanson] failed to return the ring as agreed and instead tricked the Sanners into believing that he had given them what they bargained for." He discusses case authority describing the elements of theft by false pretenses, which has no "asportation" requirement. (People v. Shannon (1998) 66 Cal.App.4th 649, 654 [distinction between larceny by trick and theft by false pretenses is that latter crime "does not require that the defendant take the property; it requires that the defendant use false pretenses to induce the other to give the property to him"].)

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