(A) It shall be unlawful for any person to obtain property of another by deception. The word DECEIVE does not include falsity as to matters having no pecuniary significance or to statements unlikely to deceive reasonably prudent persons in the group addressed.
(B) A person DECEIVES another if that person intentionally:
(1) Creates or reinforces a false impression, including false impressions as to law, value or intention or other state of mind; but deception as to a person’s intention to perform a promise shall not be inferred solely from the fact that the person did not subsequently perform the promise;
(2) Prevents another from acquiring information which would affect that person’s judgment in entering into, conducting or completing a transaction;
(3) Fails to correct a false impression which the person previously created or reinforced or which the person knows or should know is influencing another to whom the person stands in a fiduciary or confidential relationship; or
(4) Uses a credit card, charge plate or any other instrument which purports to evidence an undertaking to pay for property or services delivered to, rendered to or ordered by the bearer or actor as follows:
(a) Where its use by the bearer or actor is unauthorized; or
(b) Where the bearer or actor does not have the intention and/or ability to meet all obligations to the issuer arising out of the bearer or actor’s use of the instrument.
(Prior Code, § 130.070) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99