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29. Is the woman guilty of obtaining property by false pretenses?
When interviewed by the police, the woman admitted making the false representation and acquiring the painting, but she said she believed that the painting had been stolen from her by someone who worked in the gallery.
A woman went to an art gallery and falsely represented that she was an agent for a museum and wanted to purchase a painting that was hanging in the gallery. The woman and the gallery owner then agreed on a price for the painting to be paid 10 days later, and the woman took the painting. When the gallery failed to receive the payment when due, the owner called the museum and discovered that the woman did not work there. The owner then notified the police.
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Obtaining property through false pretenses is a specific intent crime, so the defendant must have the specific intent to defraud. Further, because it is a specific intent crime, a mistake on the part of the defendant, no matter how unreasonable, is a defense to the crime of false pretenses.
A is correct. Because the crime of false pretenses requires the intent to defraud, the woman cannot properly be found guilty of obtaining property by false pretenses. Even though she made false statements in an effort to obtain the property (the painting), she subjectively believed the painting belonged to her, which negates the intent element.
B is incorrect. This answer reaches the correct answer with the wrong reasoning. The fact that the gallery owner would have sold the painting to anyone who agreed to pay the price does not excuse the woman for knowingly making false statements to obtain property that she would not otherwise have been able to obtain.
C is incorrect. Even where a false pretenses conviction can be based on a promise to make payment in the future if the promisor had no present intent to make the future payment, for a finding of guilty of false pretenses, there must exist the intent to defraud.
D is incorrect. For a finding of guilty for false pretenses, there must be more than knowingly making false representations. A defendant must also have the intent to defraud. The crime of false pretenses requires the intent to defraud. Accordingly, the woman cannot properly be found guilty of obtaining property by false pretenses because she made the false statements to obtain property that she subjectively believed belonged to her.