false pretenses forgery/uttering identity theft theft of intellectual property. Although some parts of any legal system will have qualities of strict liability, in which the mens rea is immaterial to the result and subsequent liability of the actor, most look to establish liability by showing that the defendant was the cause of the particular injury or loss. False pretenses on Wikipedia taking and carrying away intent to permanently deprive owner of possession property of another. Federal mail fraud statute defines "false pretenses" much more broadly than common law fraud. the mens rea of larceny. (1) Minimum Requirements of Culpability. finders, keepers-losers, weepers. Common law false pretenses mens rea requires the purpose or specific intent to obtain property by deceit and lies. To obtain money or property under false pretenses; or; To sell, distribute, exchange, supply, or use counterfeits. While fraudulent misrepresentation has the same legal elements as false pretenses, the court system in which a defendant will be charged for the crime differs. Mailing contracts, receipts, and communications regarding a fraudulent deal could all meet the law's requirements. The crime of false pretenses has a civil counterpart as well: a civil cause of action known as fraudulent misrepresentation. elements of larceny. Model Penal Code § 2.02. A person commits mail fraud when the scheme involves the mailing of something associated with the fraud. Thus one "know-ingly" obtained property by false pretenses if he knew or believed that his representation was false; 14 knowledge "or belief of the counter-feit character of the money is an essential element of the crime of Mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed.It is a necessary element of many crimes.. intent to permanently deprive the owner of the property. Except as provided in Section 2.05, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense. What Are False Pretenses vs. Obtaining property by false pretenses is a serious crime in North Carolina, punishable as a felony and for which you can serve years in prison. It includes "schemes to defraud or for obtaining money or property." Fraudulent Misrepresentation? theft offenses. The essential distinction between false pretenses and larceny and embezzlement is that false pretenses requires that the victim pass title to the defendant whereas the other offenses do not. having "knowledge" as the mens rea requirement. Common law false pretenses mens rea requires the purpose or specific intent to a. destroy property by deceit and lies b. obtain property by deceit and lies c. obtain property by deceit and lies by threat of physical violence to another person d. obtain sex by deceit and lies 30. federal mail fraud statute. General Requirements of Culpability. False pretenses, also known as “obtaining property by false pretenses,” is a crime that is a combination of fraud and larceny where an individual lies or makes misrepresentations in order to obtain the property of another.