Section 23.11 Stealing by Deceit

• Library: Criminal Practice 2012 Supp

7. (§23.11) Stealing by Deceit

To make a submissible case under § 570.030, RSMo Supp. 2004, the state must show that the defendant had the intent to cheat or defraud at the time the defendant made the false representation to cause the victim to part with the defendant’s money. State v. Sielfleisch, 884 S.W.2d 422, 428 (Mo. App. E.D. 1994). “Otherwise, there is no element of deceit or fraud, and the defendant [upon nonperformance] would be guilty of no more than breach of contract, not subject to criminal...