New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 637:4 (2024)
Theft by Deception
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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637:4 Theft by Deception. –
I. A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.
II. For the purposes of this section, deception occurs when a person purposely:
(a) Creates or reinforces an impression which is false and which that person does not believe to be true, including false impressions as to law, value, knowledge, opinion, intention or other state of mind. Provided, however, that an intention not to perform a promise, or knowledge that it will not be performed, shall not be inferred from the fact alone that the promise was not performed; or
(b) Fails to correct a false impression which he previously had created or reinforced and which he did not believe to be true, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or
(c) Prevents another from acquiring information which is pertinent to the disposition of the property involved; or
(d) Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Misrepresents to or misleads any person, in any manner, so as to make that person believe that the person on whose behalf a solicitation or sales promotion is being conducted is a charitable trust or that the proceeds of such solicitation or sales promotion shall be used for charitable purposes, if such is not the fact; or
(f) Uses misrepresentation or cheats at any game conducted under RSA 287-D to obtain anything of value including money.
III. Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. "Puffing" means an exaggerated commendation of wares in communications addressed to the public or to a class or group.
IV. A person commits theft under this section notwithstanding that the victim has suffered no actual or net pecuniary loss.
I. A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.
II. For the purposes of this section, deception occurs when a person purposely:
(a) Creates or reinforces an impression which is false and which that person does not believe to be true, including false impressions as to law, value, knowledge, opinion, intention or other state of mind. Provided, however, that an intention not to perform a promise, or knowledge that it will not be performed, shall not be inferred from the fact alone that the promise was not performed; or
(b) Fails to correct a false impression which he previously had created or reinforced and which he did not believe to be true, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or
(c) Prevents another from acquiring information which is pertinent to the disposition of the property involved; or
(d) Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Misrepresents to or misleads any person, in any manner, so as to make that person believe that the person on whose behalf a solicitation or sales promotion is being conducted is a charitable trust or that the proceeds of such solicitation or sales promotion shall be used for charitable purposes, if such is not the fact; or
(f) Uses misrepresentation or cheats at any game conducted under RSA 287-D to obtain anything of value including money.
III. Theft by deception does not occur, however, when there is only falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. "Puffing" means an exaggerated commendation of wares in communications addressed to the public or to a class or group.
IV. A person commits theft under this section notwithstanding that the victim has suffered no actual or net pecuniary loss.
Source. 1971, 518:1. 1986, 222:2. 1992, 239:4, eff. July 1, 1992. 2023, 109:14, eff. July 1, 2023.
Notes of Decisions
Cited in 37
cases (2 in the last 5 years), 1976–2024 · leading case: State v. Gruber, 562 A.2d 156 (N.H. 1989).
State v. Gruber, 562 A.2d 156 (N.H. 1989). “) of the crime of theft by deception, RSA 637:4, 11(c), when he was found to have withheld information from his insurance company that was pertinent to the disposition of property that he alleged to have been stolen and for which he was compensated.”
State v. Harlan, 364 A.2d 1254 (N.H. 1976). “RSA 637:4. All defendants moved on various grounds to dismiss the indictments.”
State v. French, 776 A.2d 1253 (N.H. 2001). “See RSA 637:4 (1996). We affirm. The jury was entitled to find the following facts.”
State v. Breed, 977 A.2d 463 (N.H. 2009). “) of nine counts of fraudulent handling of recordable writings, see RSA 638:2 (2007), two counts of theft by deception, see RSA 637:4 (2007), and one count of theft by unauthorized taking, see RSA 637:3 (2007).”
State v. Schonarth, 883 A.2d 305 (N.H. 2005). “See RSA 637:4 (1996). On appeal, he contends that the Trial Court (T.”
State of New Hampshire v. Lisa Collyns, 166 N.H. 514 (2014). “), the defendant, Lisa Collyns, was convicted of theft by deception, see RSA 637:4 (2007), and attempted theft by unauthorized taking, see RSA 629:1 (2007); RSA 637:3 (2007).”
State v. Kelly, 484 A.2d 1066 (N.H. 1984). “The defendant, John Kelly, was convicted of theft by deception, RSA 637:4, in the Superior Court {Goode, J.”
State v. Roberts, 711 P.2d 235 (Utah 1985). “§ 28-512 (1943); N.H. Rev. Stat. Ann. § 637:4 (III) (1974); N.”
State v. Monahan, 480 A.2d 863 (N.H. 1984). “The defendant was convicted of three counts of theft by deception, RSA 637:4. He appeals his convictions, alleging *21 that the superior court erred in denying seven motions filed by the defendant prior to and during trial.”
State v. Allison, 489 A.2d 620 (N.H. 1985). “In that case, indictments charged certain defendants with a series of acts of theft by deception under RSA 637:4,1. There were two separate indictments based on each act, one indictment alleging that the defendant had committed the theft by reinforcing a false impression, RSA…”
State v. Davis, 650 A.2d 1386 (N.H. 1994). “) of two counts of theft by deception, RSA 637:4 (Supp. 1991) (amended 1992). On appeal the defendant argues that the superior court erred in: (1) conducting proceedings in the defendant’s absence; (2) allowing the defendant to proceed pro se; (3) admitting a *187 photocopy of a…”
State v. Emery, 887 A.2d 123 (N.H. 2005). “) on nine counts charging theft by unauthorized taking or transfer, RSA 637:3 (1996), and one count charging theft by deception, RSA 637:4 (1996). We affirm. The jury could have found the following facts.”
N.H. Rev. Stat. Ann. § 637:4(111): 1 case
State v. Roberts, 711 P.2d 235 (Utah 1985). “§ 28-512 (1943); N.H. Rev. Stat. Ann. § 637:4 (III) (1974); N.”
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