What does theft by deception involve?

Theft by deception is defined as obtaining property through deceitful means, which encompasses actions where an individual intentionally misleads or tricks another party to gain possession of their property. This can include various forms of fraud, such as lying about one’s identity, providing false information, or creating a false impression about a product or service.

In this crime, the emphasis lies on the element of deception— the perpetrator must have made false representations that the victim relied upon to their detriment, resulting in the unlawful acquisition of property. The key factor is that the victim must have been misled; hence, obtaining property through genuine consent or an honest transaction would not qualify as theft by deception.

Other options describe different categories of theft or related offenses. For instance, taking property without payment generally pertains to straightforward theft or shoplifting, while concealing merchandise specifically points to the act of attempting to steal from a store without paying at the point of sale. Retaining stolen property that was received involves the possession of property that was stolen by another party, which is a separate offense from theft by deception, as it does not require the element of deceit or trickery in the initial acquisition.