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Theft by Deception

§ 3922.  Theft by deception.
        (a)  Offense defined.--A person is guilty of theft if he
     intentionally obtains or withholds property of another by
     deception. A person deceives if he intentionally:
            (1)  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;
            (2)  prevents another from acquiring information which
        would affect his judgment of a transaction; or
            (3)  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.
        (b)  Exception.--The term "deceive" does not, however,
     include falsity as to matters having no pecuniary significance,
     or puffing by statements unlikely to deceive ordinary persons in
     the group addressed.

        Cross References.  Section 3922 is referred to in sections
     3311, 5708 of this title; sections 5552, 9717 of Title 42
     (Judiciary and Judicial Procedure).