(a) If any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value, such person shall be guilty of a felony: Provided, that if, on the trial of anyone indicted for such crime, it shall be proved that he obtained the property in such manner as to amount to larceny or embezzlement, the jury shall have submitted to them such other felony proved; and no person tried for such felony shall be liable to be afterwards prosecuted for larceny or embezzlement upon the same facts: Provided, further, that it shall be sufficient in any indictment for obtaining or attempting to obtain any such money, goods, property, services, chose in action, or other thing of value by false pretenses to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the money, goods, property, services, chose in action or other thing of value; and upon the trial of any such indictment, it shall not be necessary to prove either an intent to defraud any particular person or that the person to whom the false pretense was made was the person defrauded, but it shall be sufficient to allege and prove that the party accused made the false pretense charged with an intent to defraud. If the value of the money, goods, property, services, chose in action, or other thing of value is one hundred thousand dollars ($100,000) or more, a violation of this section is a Class C felony. If the value of the money, goods, property, services, chose in action, or other thing of value is less than one hundred thousand dollars ($100,000), a violation of this section is a Class H felony.
(b) Evidence of nonfulfillment of a contract obligation standing alone shall not establish the essential element of intent to defraud.
(b1) In any prosecution for violation of this section, the State is not required to establish that all of the acts constituting the crime occurred in this State or within a single city, county, or local jurisdiction of this State, and it is no defense that not all of the acts constituting the crime occurred in this State or within a single city, county, or local jurisdiction of this State.
(c) For purposes of this section, "person" means person, association, consortium, corporation, body politic, partnership, or other group, entity, or organization. (33 Hen. VIII, c. 1, ss. 1, 2; 30 Geo. II, c. 24, s. 1; 1811, c. 814, s. 2, P.R.; R.C., c. 34, s. 67; Code, s. 1025; Rev., s. 3432; C.S., s. 4277; 1975, c. 783; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(l); 2019-193, s. 2(a).)
Notes of Decisions
Cited in
147
cases (
20 in the last 5 years), 1947–2026 · leading case:
State v. Holanek, 776 S.E.2d 225 (N.C. Ct. App. 2015).
State v. Holanek, 776 S.E.2d 225 (N.C. Ct. App. 2015).
· cites it 22× “2d 164 , 167 (1981) (quotation marks omitted); see also N.C. Gen.Stat. § 14-100 (2011). As this Court has previously observed, "a person's intent is seldom provable by direct evidence, and must usually be shown through circumstantial evidence.”
Rummel v. Estelle, 445 U.S. 263 (1980).
· cites it 4× “§§ 637:4 (I), 637:11 (II) (a), 651:2 (1974) (fine or up to 7 years); N. C. Gen. Stat. § 14-100 (1969) (fine or 4 months to 10 years); N.”
State v. Parker, 553 S.E.2d 885 (N.C. 2001).
· cites it 6× “lse pretenses to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the money, goods, property, services, chose in action or other thing of value; and upon the trial…”
State v. Cronin, 262 S.E.2d 277 (N.C. 1980).
· cites it 10× “The crime of obtaining property by false pretenses is defined by G.S. 14-100, which as amended states in part: (a) If any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a…”
State v. Mostafavi, 811 S.E.2d 138 (N.C. 2018).
· cites it 12× “" N.C.G.S. § 14-100(a) (2017). In an indictment for the larceny of money, including indictments alleging obtaining property by false pretenses, "it is sufficient to describe such money, or treasury note, or bank note, simply as money, without specifying any particular coin, or…”
State v. Walston, 536 S.E.2d 630 (N.C. Ct. App. 2000).
· cites it 18× “00 in United States currency) by false pretenses (“false pretenses”) in violation of N.C. Gen. Stat. § 14-100 . Defendant assigns as error the trial court’s failure to (1) grant his motion to dismiss on the grounds that the State failed to present substantial evidence supporting…”
State v. Freeman, 302 S.E.2d 779 (N.C. 1983).
· cites it 20× “*511 Defendant’s Appeal Defendant first contends that the trial court erred in denying his Motion to Dismiss the charge of false pretense, G.S. § 14-100, where the evidence showed only a violation of G.”
Matter of Extradition of Prushinowski, 574 F. Supp. 1439 (E.D.N.C. 1983).
· cites it 32× “N.C.Gen.Stat. § 14-100. 6 Article XII(l) of the Treaty prohibits proceedings against or punishment for an offense other than that for which the person is extradited.”
State v. Golder, 809 S.E.2d 502 (N.C. Ct. App. 2018).
· cites it 6× “Of at least 300 cases impacted by Ballentine's fictitious entries, 137 were associated with Defendant and these had an aggregate value of $480,100.00. On February 25, 2014, Defendant was indicted for the felonies of obtaining property by false pretenses worth $100,000.”
State v. Jones, 758 S.E.2d 345 (N.C. 2014).
· cites it 5× “” N.C.G.S. § 14-100(a) (2013). Additionally, “[i]t is the general rule that the thing obtained by the false pretense .”
State v. Conley, 724 S.E.2d 163 (N.C. Ct. App. 2012).
· cites it 12× “§ 14-120 (2011) and the attempting to obtain property by false pretenses charge, see N.C. Gen.Stat. § 14-100 (2011). Defendant insisted he did not know the SunTrust check was forged and therefore had no intent to commit the crimes for which he was arrested and later charged.”
State v. Speckman, 391 S.E.2d 165 (N.C. 1990).
· cites it 6× “In 1975, the legislature rewrote N.C.G.S. § 14-100 to provide: that if, on the trial of anyone indicted for [false pretenses], it shall be proved that he obtained the property in such manner as to amount to larceny or embezzlement, the jury shall have submitted to them such…”
— N.C. Gen. Stat. § 14-100(a) — 16 cases
State v. Parker, 553 S.E.2d 885 (N.C. 2001).
“lse pretenses to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the money, goods, property, services, chose in action or other thing of value; and upon the trial…”
State v. Mostafavi, 811 S.E.2d 138 (N.C. 2018).
“" N.C.G.S. § 14-100(a) (2017). In an indictment for the larceny of money, including indictments alleging obtaining property by false pretenses, "it is sufficient to describe such money, or treasury note, or bank note, simply as money, without specifying any particular coin, or…”
State v. Jones, 758 S.E.2d 345 (N.C. 2014).
“” N.C.G.S. § 14-100(a) (2013). Additionally, “[i]t is the general rule that the thing obtained by the false pretense .”
— N.C. Gen. Stat. § 14-100(b) — 4 cases
State v. Holanek, 776 S.E.2d 225 (N.C. Ct. App. 2015).
“2d 164 , 167 (1981) (quotation marks omitted); see also N.C. Gen.Stat. § 14-100 (2011). As this Court has previously observed, "a person's intent is seldom provable by direct evidence, and must usually be shown through circumstantial evidence.”
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