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>Lying to your partner is not a crime. If you're intending to obtain some benefit or deprive them of something, but fail to clinch it and 'take their money' as
by ABCLAW 6y ago
>Lying to your partner is not a crime.
If you're intending to obtain some benefit or deprive them of something, but fail to clinch it and 'take their money' as you put it, the statement still triggers liability under most theories of fraud/misrepresentation. Generally some injury needs to be suffered, though.
So no, it's not the stealing. It's the speech with bad intention.
As a sidenote, fraud and misrepresentation generally have some of the most interesting rules regarding evidence. The law really drilled down into what's a sufficient record and what's not in respect of attribution of liability in this area.
- hcurtiss 6y agoI think you admit it’s the injury, not the lie.
- ABCLAW 6y agoNo. I'm just not trying to write out half of a legal text. In the standard tort ones it's a requirement largely because of the historical requirements behind the remedies associated with the acts. Where the offenses aren't linked to theories of compensation or restitution, but instead are based on punishment, they're less likely to require injury and more likely to look at it as a factor in determining the magnitude of the punishment. The rules regarding fraud in connection with TARP funds, lies to federal agents, etc. all run on this line. Tell a federal agent you aren't guilty of something when you are? That's a charge. There's no harm to the agent. No injury. Just the lie.