Obtaining Signature by False Pretenses

The crime of obtaining money, property, or obtaining signature by false pretenses in Virginia (Va. Code §18.2-178) occurs when an offender makes a false misrepresentation of a past or existing fact with the intent to defraud, and that misrepresentation causes someone to part with his property. Va. Code §18.2-178 criminalizes obtaining money or property by false pretenses and obtaining a signature by false pretenses.

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Proof of Obtaining Signature by False Pretenses in Virginia

To prove a charge of Obtaining Signature by False Pretenses in Virginia under Va. Code §18.2-178 , the Commonwealth must prove that the offender made a false representation of past or existing fact, with the intent to defraud, caused the person to part with his property or money by providing his signature to a document.

Punishment for Obtaining Signature by False Pretenses in Virginia

Obtaining a signature by false pretenses in Virginia under Va. Code §18.2-178 is a Class 4 felony, punished with 2-10 years in prison and a fine up to $100,000.

Multiple Convictions for Obtaining Signature by False Pretenses in Virginia

A Virginia charge of Obtaining Signature by False Pretenses (Va. Code §18.2-178) is a form of larceny in Virginia.  Va. Code §18.2-104 provides enhanced penalties for multiple convictions of any offenses “deemed” larceny in Virginia.  Since Obtaining a Signature by False Pretenses under Va. Code §18.2-178 is “deemed” larceny, an offender can be convicted of a second or third offense under Va. Code §18.2-104 if he has any combination of prior false pretenses convictions or convictions for any other offenses “deemed larceny” in Virginia.

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Obtaining Signature By False Pretenses in Virginia: The Statute

§18.2-178. Obtaining money or signature, etc., by false pretense.

A. If any person obtain, by any false pretense or token, from any person, with intent to defraud, money, a gift certificate or other property that may be the subject of larceny, he shall be deemed guilty of larceny thereof; or if he obtain, by any false pretense or token, with such intent, the signature of any person to a writing, the false making whereof would be forgery, he shall be guilty of a Class 4 felony.

B. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with the offense resided at the time of the offense.