THEFT BY DECEPTION PENNSYLVANIA
A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:
- Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
- Prevents another from acquiring information which would affect his judgment of a transaction; or
- Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
Exception.--The term "deceive" does not, however, include falsity as to matters having no actual significance, or by exaggerations and puffing by statements unlikely to deceive ordinary people in the group addressed.
In Pennsylvania law the penalty for theft is based upon the value of the items stolen. If the value is:
- Over $2000 it is a 3rd degree felony punishable by a maximum of 7 years in prison
- Over $200 it is a 1st degree Misdemeanor punishable by a maximum of 5 years in prison
- Over $50 it is a 2nd degree Misdemeanor punishable by a maximum of 2 years in prison
- Under $50 it is a 3rd degree Misdemeanor punishable by a maximum of 1 years in prison. It may also be classified as a summary offense.
Any theft of a vehicle or firearm is a felony.
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Michael N. Kotik, Esq. (PA, NJ)