A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third person intends to engage in such conduct. The accused’s intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that the promise was not performed.
11 Del. C. 1953, § 844; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.
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