False pretenses
Obtaining property by false pretenses is the obtaining of property by intentionally misrepresenting a past or existing fact.
Elements
The elements of false pretenses are:
(1) a false representation
(2) of a material past or existing fact
(3) which the person making the representation knows is false
(4) made for the purpose of causing
(5) and which does cause
(6) the victim to pass title
(7) to his property [3]
False pretenses is a statutory offense in most jurisdictions; subject matter covered by statute varies accordingly, and is not necessarily limited to tangible personal property - some statutes include intangible personal property and services. For example the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..."[4]
Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.