State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-100

Article 19.

False Pretenses andCheats.

§ 14‑100.  Obtainingproperty by false pretenses.

(a)        If any person shallknowingly 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 futurefulfillment or event, obtain or attempt to obtain from any person within thisState any money, goods, property, services, chose in action, or other thing ofvalue with intent to cheat or defraud any person of such money, goods,property, services, chose in action or other thing of value, such person shallbe guilty of a felony: Provided, that if, on the trial of anyone indicted forsuch crime, it shall be proved that he obtained the property in such manner asto amount to larceny or embezzlement, the jury shall have submitted to themsuch other felony proved; and no person tried for such felony shall be liableto be afterwards prosecuted for larceny or embezzlement upon the same facts:Provided, further, that it shall be sufficient in any indictment for obtainingor attempting to obtain any such money, goods, property, services, chose inaction, or other thing of value by false pretenses to allege that the partyaccused did the act with intent to defraud, without alleging an intent todefraud any particular person, and without alleging any ownership of the money,goods, property, services, chose in action or other thing of value; and uponthe trial of any such indictment, it shall not be necessary to prove either anintent to defraud any particular person or that the person to whom the falsepretense was made was the person defrauded, but it shall be sufficient toallege and prove that the party accused made the false pretense charged with anintent to defraud. If the value of the money, goods, property, services, chosein 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 themoney, goods, property, services, chose in action, or other thing of value isless than one hundred thousand dollars ($100,000), a violation of this sectionis a Class H felony.

(b)        Evidence ofnonfulfillment of a contract obligation standing alone shall not establish theessential element of intent to defraud.

(c)        For purposes ofthis section, "person" means person, association, consortium,corporation, body politic, partnership, or other group, entity, ororganization.  (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).)