(A) A person is guilty of theft by deception when he or she obtains property of another by deception with intent to deprive him or her thereof. A person deceives when he or she intentionally:
(1) Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind;
(2) Prevents another from acquiring information which would affect his judgment of a transaction;
(3) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom he or she stands in a fiduciary or confidential relationship; or
(4) 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
(5) Issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.
(B) The term “deceive” does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed.
(C) Deception as to persons intention to perform a promise shall not be inferred from the fact alone that he or she did not subsequently perform the promise.
(D) For purposes of division (A)(1) above, an issuer of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid if:
(1) The issuer had no account with the drawee at the time the check or order was issued; or
(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within ten days after receiving notice of that refusal.
(E) Theft by deception is a Class A misdemeanor if the value of the property is less than $100.
(1980 Code, § 1020.5-5)
Statutory reference:
For similar provisions under state law, see KRS 514.040