- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 10-19-2011
- Case #: A142686
- Judge(s)/Court Below: Schuman, P.J.; Wollheim, J.; & Nakamoto, J.
- Full Text Opinion
Wife was found guilty of theft by deception because at the end of the couple's lease there was a dispute as to what was owed, and wife would not pay the disputed amount. On appeal she argued that her motion for acquittal should not have been denied because intent to defraud could not be proven with the evidence offered. There are three elements to theft by deception: taking of property from another, promise of performance that the person believes will not be performed or does not perform, and intent to defraud. The Court of Appeals held that in order to find intent to defraud, a person must have a conscious objective to use deception to take property. After reviewing the events that occurred here, The Court found no intent to defraud. Reversed.