Penal Code 532 makes it theft to knowingly obtain money, property or labor through a false representation that the owner relies on in handing it over. It is punished like any theft, by value: $950 or less is usually misdemeanor petty theft, while more than $950 is grand theft, which prosecutors can charge as a felony or a misdemeanor.
What the prosecution has to prove
Section 532(a) covers anyone who "knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property." It also reaches a person who gets credit by having others report falsely about their wealth or business standing. The jury instruction for this theory, CALCRIM No. 1804, breaks the charge into three things the prosecution must prove:
- The defendant knowingly and intentionally deceived the owner, or the owner's agent, by a false or fraudulent representation or pretense.
- The defendant did so intending to persuade the owner to let the defendant, or someone else, take possession and ownership of the property.
- The owner let the defendant, or someone else, take possession and ownership because the owner relied on the representation.
The word "ownership" matters. False pretenses applies when the owner intends to give up title, as when someone pays for a product or service. When the owner only lends property or hands over temporary possession because of a lie, the theory is usually theft by trick instead. The CALCRIM commentary draws that line: in false pretenses the thief obtains both possession and title, and in theft by trick only possession.
Is PC 532 a felony or a misdemeanor?
Section 532 has no penalty of its own. It says the offense is punished "in the same manner and to the same extent as for larceny of the money or property so obtained," and Penal Code 490a reads larceny as theft. So the value, measured for property by its "reasonable and fair market value" under section 484(a), and the person's record decide the level.
| Value and record | How it is classified | Maximum punishment |
|---|---|---|
| $950 or less, no disqualifying priors | Petty theft, a misdemeanor, under section 490.2 | Six months in county jail, a $1,000 fine, or both, under section 490 |
| $950 or less, with a prior conviction listed in section 667(e)(2)(C)(iv) or one requiring sex offender registration | Petty theft that section 490.2 allows to be punished under section 1170(h) | A felony-level county jail term |
| $950 or less, with two or more prior convictions for listed theft-related offenses | Petty theft punishable either way under section 666.1 | County jail up to one year, or a term under section 1170(h) |
| More than $950 | Grand theft under section 487(a) | County jail up to one year, or a term under section 1170(h), under section 489(c) |
Section 666.1 applies to petty theft or shoplifting after two or more prior convictions for listed offenses, including petty theft, grand theft, burglary, robbery and receiving stolen property. See petty theft with a prior for how prior convictions change a theft case, and grand theft charges for the felony side of the line.
What counts as a false pretense?
CALCRIM No. 1804 defines a false pretense as "any act, word, symbol, or token the purpose of which is to deceive." A person makes one if, intending to deceive, they give information they know is false, make a misrepresentation recklessly without information that justifies a reasonable belief in it, fail to give information they have an obligation to give, or make a promise they do not intend to keep.
The last item is where many business and sales disputes end up. The instruction includes two cautions a court can give the jury: "Proof that the representation or pretense was false is not enough by itself to prove that the defendant intended to deceive," and proof that the defendant did not perform as promised is not enough by itself to prove they never intended to perform. The question is what the person intended at the moment of the deal, not whether the deal later fell apart. See when an online sale dispute becomes a criminal fraud case and when a contractor can be charged for a deposit.
The owner has to have relied on the lie
Under CALCRIM No. 1804, an owner relies on a false pretense "if the falsehood is an important part of the reason" the owner decides to give up the property. It does not have to be the only reason. The instruction's authority notes cite a decision finding no reliance where the victim relied solely on their own investigation, so evidence of what the owner checked independently, and why they paid, can be central. The commentary also notes that reliance does not have to be proved for attempted theft by false pretense.
The corroboration rule in section 532(b)
Section 532(b) adds a proof requirement that ordinary theft charges do not have. If the false pretense was "expressed in language unaccompanied by a false token or writing," the defendant cannot be convicted unless one of these is shown:
- A note or memorandum of the pretense in writing, signed by or in the handwriting of the defendant.
- The testimony of two witnesses.
- The testimony of one witness plus corroborating circumstances.
The CALCRIM bench notes say the court must instruct the jury on this requirement on its own motion, and the instruction's commentary adds that when a check is the basis for the theft, the check itself cannot supply the written corroboration. For a theft built on a check, the separate bad check law also matters; see whether bouncing a check is a crime.
How a false pretenses case is charged, and how long prosecutors have
A complaint may cite section 532 directly, or it may charge grand theft or petty theft and rely on false pretenses as the theory. CALCRIM No. 1861 lets a jury convict of theft when all jurors agree that at least one theory, such as false pretenses, trick or embezzlement, was proved, even if they do not agree on which one.
The filing deadline can also start later than the date of the offense. A felony with fraud as a material element falls under Penal Code 803(c), and section 801.5 gives prosecutors four years after discovery of the offense, or four years after it was completed, whichever is later. See whether theft or fraud can be charged years later for how those deadlines work.
For defenses and how these cases are fought, see the firm's theft by false pretenses page.