What is Obtaining Property by False Pretense in North Carolina?

Obtaining Property by False Pretense (OPFP) falls under the larger Article 19, False Pretenses and Cheats in the North Carolina General Statutes. This is because there are actually multiple forms of fraudulently obtaining property. This is considered a white collar crime and is a form of theft in North Carolina.

Obtaining Property by False Pretense

If a person by any means of false pretense obtains or attempts to obtain from another person anything of value including money, goods or services with the intent to cheat or defraud. If the amount in question is under $100,000, then it is a Class H felony. If it is over $100,000, then it is a class C felony.

Possession or Manufacture of Certain Fraudulent Forms of Identification

If a person possess or manufactures a false or fraudulent form of identification for the purpose of deception, fraud, or any other criminal conduct. It is also unlawful for a person to obtain a form of identification by the use of false, fictitious, or fraudulent information.

Obtaining Signatures by False Pretenses ( Forgery)

If a person with the intent to defraud or cheat another person obtains the signature of any person to any written instrument (such as a check), the false making of which would be a forgery.

Obtaining Property by False Representation of Pedigree of Animals

If a person represents an animal for breeding purposes as being of greater degree of any particular strain of blood than such animal actually possesses, and by such representation obtain from any other person money or other thing of value.

Obtaining Certificate of Registration of Animals by False Representation

If a person obtains from any club, association, society or company whose purpose is the improvement of a breed of domestic animals, a certificate of registration of any animal with the intent to defraud or cheat.

Obtaining Advances Under Promise to Work and Pay for Same

If a person receives an advance of money, goods or anything else of value in exchange for a promise or agreement to begin any work or labor.

Obtaining Advances Under Written Promise to Pay Therefor Out of Designated Property

If a person promises to apply a credit of specifically designated property towards a debt or disposes of the property in a manner other than so agreed in a written agreement. For example, if a person has a debt with the friend and gives them a truck as partial payment, and there is a written agreement that if payment in cash is made by a specific date, the truck will be returned and then friend then sells the truck before that date, he would be guilty under this statute.

Worthless Checks, Multiple Presentment of Checks

Is is unlawful for a person to draw a check with insufficient funds to cover the full amount of the check or to represent the check for deposit or cash once the payment of money has already been made. This is a Class I felony if the check is over $2,000, otherwise, it is a misdemeanor.

Obtaining Property or Services from Slot Machines by False Coins or Tokens

While this statute certainly applies to slot machines that one might think of in casinos, it also applies to any other machine that accepts coins or tokens, such vending machines, video game consoles, car washes, etc.

Manufacture, Sale, or Gift of Devices for Cheating Slot Machines

Any person who manufactures a device to cheat any type of slot machine and does so to sell or give away that device is guilty of a misdemeanor.

Defrauding an Innkeeper of Campground Owner

If someone stays at an inn, hotel, motel, campground or the like and then does not pay or if someone eats at a restaurant and does not pay, they are guilty  of a misdemeanor.

Misuse of 911 System

911 is an emergency communication system and if someone calls 911 who is not seeking emergency assistance, this is a Class 1 misdemeanor.

Obtaining Merchandise on Approval

If a person receives merchandise on credit or approval and then does not either pay for the merchandise or return it in an unused and undamaged condition, that person is guilty of a misdemeanor.

Exploitation of an Older Adult or Disabled Adult

It is unlawful for a person who is in a position of trust and confidence  or who has a business relationship with an older adult (someone over the age of 65) or a disabled adult (someone who is physically or mentally incapacitated) to obtain or use such person’s funds, assets, or property with the intent to deprive that person of the use, benefit, or possession of those funds, assets, or property or to benefit someone other than that person.

Obtaining Money by False Representation of Physical Disability

It is unlawful for a person to falsely represent himself as having any sort of disability in order to obtain money or any other thing of value.