iPhone scammed

[Mike D]

He committed theft by stealing $800.

I always respect your thoughts but how did he steal $800?

He exchanged a product for $800 agreeably, even though it was misrepresented.


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[warrington]

Don’t use a gun but brasss knuckles are legel

[jaime1982]

I always respect your thoughts but how did he steal $800?

He exchanged a product for $800 agreeably, even though it was misrepresented.


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Agree, he voluntarily paid $800 for a fake of an item that new sells for almost 2x that (which is insane).

Also agree that iphones are for gurls.....

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[Jspradley]

[QUOTE=Mike D;14445708]I always respect your thoughts but how did he steal $800?

He exchanged a product for $800 agreeably, even though it was misrepresented.


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Theft by misrepresentation

[tvc184]

I always respect your thoughts but how did he steal $800?

He exchanged a product for $800 agreeably, even though it was misrepresented.


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Because if you make a knowingly false statement to sell something, it is listed as “deception” in the Penal Code. Deception makes it without the “effective consent” of the owner of the property and therefore Theft under 31.03 PC.

Let the buyer beware is an old adage that holds true however it isn’t the law.

[tvc184]

Don’t use a gun but brasss knuckles are legel

Until you threaten someone with them... then it is the same as a gun or a deadly weapon.

[Take Dead Aim]

I always respect your thoughts but how did he steal $800?

He exchanged a product for $800 agreeably, even though it was misrepresented.


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He misrepresented the product. Just like selling a fake Rolex is illegal.

[Robertt]

I just saw something about a used phone that was "cloud locked". He could make and receive calls but can't sign into the cloud to download his existing apps and contacts. The last owner did not sign out of the cloud on that phone. Apple suggested he send it in so they could fix.

[tvc184]

I always respect your thoughts but how did he steal $800?

He exchanged a product for $800 agreeably, even though it was misrepresented.


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If you want to see it in words.....

Too many words in the PC (especially under Theft) but I will try to cut it to the relevant parts of theft.

This is the important parts of the theft law in this case.

Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective consent;

The seller appropriated (took) the $800. Was it lawful? According to the PC it is unlawful if without “effective consent”. So what is effective consent?

Sec. 31.01. DEFINITIONS. In this chapter:
(3) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by deception or coercion;

So we see here that consent is not effective if it was induced/gained by “deception”.

What is deception?

Sec. 31.01. DEFINITIONS. In this chapter:
(1) "Deception" means:
(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

I don’t think we need to go any further down to list in this case to show deception. The seller made a false statement as a fact that would affect judgment.

The OP consented to the transaction of buying an Apple iPhone 11. It was not effective consent because he was told that it was genuine when in fact it was junk. That is deception.

Deception negates effective consent and with no effective consent, it is theft to appropriate property.

[tvc184]

I just saw something about a used phone that was "cloud locked". He could make and receive calls but can't sign into the cloud to download his existing apps and contacts. The last owner did not sign out of the cloud on that phone. Apple suggested he send it in so they could fix.

Later the OP found out that it was a clone iPhone, it had fake guts.