False Statement to Obtain Property or Credit

A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing.

The essential element of the offense is the making of the false or misleading statement. The acquisition of the property or the credit is not an essential element of the offense. The mere acquisition of property or credit with an intent to deprive an owner of the property or the credit constitutes theft.

The word "property" for the purposes of the offense of a false statement to obtain property or credit may include real property, tangible or intangible personal property, or any document that represents value, such as money. The word "credit" for the purposes of the offense includes a loan of money, the furnishing of credit, the extension of a due date on an obligation, the co-making or endorsing of a note, a line of credit, or a credit card. The words "materially false or misleading statement" mean any representation of facts that are relevant to the obtaining of the property or the credit.

The offense of a false statement to obtain property or credit is punished according to the value of the property or the credit. If the value of the property or the credit is less than a certain statutory amount, the offense is normally punished as a misdemeanor. If the value of the property or the credit exceeds a certain statutory amount, the offense may be punished as a felony. The value of the property or the credit means the fair market value of the property or the credit at the time of the offense.