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RSA 637:4 · Theft by Deception

Title
LXII: CRIMINAL CODE
Chapter
637 · THEFT
Status
current
Official source linked
Yes
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637:4 Theft by Deception. –

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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.

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II.

For the purposes of this section, deception occurs when a person purposely:

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(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

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(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

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(c)

Prevents another from acquiring information which is pertinent to the disposition of the property involved; or

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(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

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(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

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(f)

Uses misrepresentation or cheats at any game conducted under RSA 287-D to obtain anything of value including money.

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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.

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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.

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Source note

Source. 1971, 518:1. 1986, 222:2. 1992, 239:4, eff. July 1, 1992. 2023, 109:14, eff. July 1, 2023.

Source history

  • 1971, 518:1
  • 1986, 222:2
  • 1992, 239:4, eff. July 1, 1992
  • 2023, 109:14, eff. July 1, 2023

Related materials

Bill relationships

  • 2026 HB1670 amend

    Prosecutions may be brought in any county where any part of the enterprise activity occurred. 2 New Section; Leader or Kingpin of an Organized Retail Crime Enterprise. Amend RSA 637 by inserting after section 10-d the following new section: 637:10-e Leader or Kingpin of an Organized Retail Crime Enterprise. I. Definitions. (a) "Organized retail crime enterprise" means 2 or more persons

  • 2026 HB1670-FN amend

    Prosecutions may be brought in any county where any part of the enterprise activity occurred. 2 New Section; Leader or Kingpin of an Organized Retail Crime Enterprise. Amend RSA 637 by inserting after section 10-d the following new section: 637:10-e Leader or Kingpin of an Organized Retail Crime Enterprise. I. Definitions. (a) "Organized retail crime enterprise" means 2 or more persons

  • 2025 HB75 reference

    may provide, or has provided, evidence of the commission of organized crime, as defined in RSA 570-A:1, XI, or evidence of the commission of the offenses of homicide, kidnapping, gambling, theft as defined in RSA 637, corrupt practices as defined in RSA 640, child sexual abuse images under RSA 649-A, computer pornography and child exploitation under RSA 649-B, criminal conduct in violation of the securities law, as defined

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