2C :20-4 Theft by deception.
A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:
a. Creates or reinforces a false impression, including false
impressions as to law, value, intention or other state of mind, and
including, but not limited to, a false impression that the person is
soliciting or collecting funds for a charitable purpose; but deception
as to a person's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect his judgment of a transaction; or
c. 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 stands in a fiduciary or confidential
relationship.
The term "deceive" does not, however, include
falsity as to matters having no pecuniary significance, or puffing or
exaggeration by statements unlikely to deceive ordinary persons in the
group addressed.
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