What Are False Pretenses, Deception, Or Obtaining Property By Trick In Oklahoma?

False Pretenses, Deception, Or Obtaining Property By Trick In Oklahoma
This category of offenses includes False Pretenses; Obtaining Property by Trick or Deception; and False or Bogus Checks, Drafts, or Orders

False Pretenses

False pretenses in Oklahoma is defined in 21 O.S. § 1542. It is the obtaining from any person any money or property or obtaining the signature of any person to any written instrument with the intent to cheat or defraud another, designedly, by color or aid of any false token or writing, or other false pretense.

This crime is a misdemeanor if the value of the money or property obtained is less than $1,000. The maximum punishment in the county jail is one year. The maximum fine is three times the value of the money or property obtained.

This crime is a felony if the value of the money or property is $1,000 or more. The maximum punishment is three years in the Department of Corrections or one year in a county jail. The maximum fine is three times the value of the money or property obtained.

SOURCE: 21 O.S. § 1542

Obtaining Property By Trick Or Deception

It is illegal to obtain or attempt to obtain any money, property, or valuable thing from any person, firm, or corporation with intent to cheat and defraud by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the “confidence game,” or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin.

This crime is a misdemeanor if the value of the property obtained is less than $1,000. The maximum punishment in the county jail is one year, and the maximum fine is $1,000.

This crime is a felony if the value of the property obtained is $1,000 or more. The maximum punishment in the Department of Corrections is ten years, and the maximum fine is $5,000. Voters approved a change to this statute on November 8, 2017 by passing State Question 780. The change went into effect on July 1, 2017.

SOURCES: 21 O.S. § 1541.1 & 21 O.S. § 1541.2

False Or Bogus Checks, Drafts, Or Orders

It’s illegal to make, draw, utter, or deliver two or more false or bogus checks, drafts, or orders. “False or bogus check or checks” includes checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given:

  1. in exchange for money or property;
  2. in exchange for any benefit or thing of value;
  3. as a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof; or
  4. as payment made to a landlord under a lease or rental agreement.

The making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee, is prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five days from the date the same is presented for payment; and provided, further, that the check or order is presented for payment within 30 days after same is delivered and accepted. A check offered for the purchase of goods or livestock that is refused by a drawee will not be considered to be an extension of credit by the seller of goods or livestock to the maker or drawer of the check. A check or order offered to a merchant in payment on an open account of the maker with the merchant means “a check or order given in exchange for a benefit or thing of value,” notwithstanding that the merchant may debit the account of the maker or impose other charges pursuant to applicable law in the event the check or order is not honored.

This crime is a felony if the total sum of the false or bogus checks, drafts, or orders is $1,000 or more even though each separate instrument is written for less than $1,000—so long as all were written in pursuance of a common scheme or plan to cheat and defraud. The maximum punishment in the Department of Corrections is ten years, and the maximum fine is $5,000. Voters approved a change to this statute on November 8, 2017 by passing State Question 780. The change went into effect on July 1, 2017.

SOURCES: 21 O.S. § 1541.3 & 21 O.S. § 1541.4

For more information on False Pretenses, Deception Or Trick, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.

Current as of: November 20, 2017