Theft by deception

Hello I live in Oregon and I am in conflict over the absolute meaning of a law here.

I was part of an animal rescue group that felt that an animal was not being treated correctly at our local humane society so they wanted to "rescue" it from there and put it in one of their own foster homes.

So they wanted me to go in and pretend to own my own home, and say all the right things on the application to make sure that I could "adopt" the dog. After this then they were going to place the dog in a foster home other than my own home because I don't want the dog.

Now, My argument to them as to not wanting to do this was Theft by deception. If I still pay for the dog but lie on the application about who I am or what my living situation, etc. is it still Theft by deception? If I am not looking to get any monitary gain out of doing what I am doing and only doing it to "rescue" the animal for it's health and well being, is it still Theft by deception? I have read the law and even quoted the law to them and they still argue that the law does not pertain to this situation because it's not for monitary gain it's for the good of the animal only.

They are working with an attorney against this humain society because they do not feel that they are truely living up to what they say they do and kill animals that do not need to be killed. Supposedly they have consulted this attorney and what that attorney has said is:

He said:
"For example, if it were a statement misrepresenting the age of a minor applicant, or if it were a statement providing information to obtain an economic benefit out of Greenhill by
falsifying some business record of theirs then yes there is a good possibility that the act comprises a crime under Oregon statute.

If it is something entirely different, on the other hand, it may not be any crime at all, although you should be aware that it may still constitute the civil tort of fraud
if it results in damage to Greenhill in some legally recognizable respect. There may even be very legitimate defenses to doing so, including, as you suggest, a greater good or defense."

I am honestly not sure if they have told this attorney absolutely everything they wanted me to lie about on the application to obtain this dog.

1) that we own or home - we do not we rent but we do not have any proof because it's from a family member and we do not want to involve them by asking for proof that we could have the dog

2) we only have 1 child - We have 3

3) we do not have any other pets - We have 14 cats at the moment because I do cat rescue work.

I am just heartbroken over this whole issue as I see it as a crime to falsify records even for this reason, but they seem to have the understanding that this law does not pertain to what they are doing.

If part of what you need to know is if there would be an adoption fee from the rescue group, yes.

Also on the application for the humane society you have to sign saying that the statements are true:

The answers to the above questions are true and to the best of my knowledge. In addition, I will not give the animal, or otherwise transfer the animal to another party without notifying the *********** I realize that failure to comply with ************* adoption contract and the above stipulations may result in confiscation of the adopted animal. ********** reseves the right to inspect the dog's disposition when deemed necessary."

So they say that the worst that could happen is that the humane society could take the dog away not charge us with a felony.

Any help would be appreciated and I apologize for such a long post but I had to make sure that all aspects of this question was posted to make sure it was clear as to everything that has been argued about.

The law that I quoted them was:
164.085 Theft by deception. (1) A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:

(a) Creates or confirms another’s false impression of law, value, intention or other state of mind which the actor does not believe to be true; or

(b) Fails to correct a false impression which the person previously created or confirmed; or

(c) Prevents another from acquiring information pertinent to the disposition of the property involved; or

(d) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

(e) Promises performance w hich the person does not intend to perform or knows will not be performed.

(2) “Deception” does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. For purposes of this subsection, the theft of a companion animal, as defined in ORS 164.055, or a captive wild animal is a matter having pecuniary significance.

(3) In a prosecution for theft by deception the defendant’s intention or belief that a promise would not be performed shall not be established by or inferred from the fact alone that such promise was not performed.

(4) In a prosecution for theft by deception committed by means of a bad check, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no accoun t with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal. [1971 c.743 §128; 1991 c.837 §10]

Oregon Statutes, Section 164.055 Theft in the first degree.

(1) A person commits the crime of theft in the first degree if, by other than extortion, the person commits theft as defined in ORS 164.015 and:
(a) The total value of the property in a single or aggregate transaction is $200 or more in a case of theft by receiving, and $750 or more in any other case;

(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;

(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;

(d) The subject of the theft is a firearm or explosive;

(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or

(f) The subject of the theft is a precursor substance.
(2) As used in this section:
(a) “Companion animal” means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.

(b) “Explosive” means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.110 (1), black powder, smokeless powder, small arms ammunition and small arms ammunition primers.

(c) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of black powder or smokeless powder and which is readily capable of use as a weapon.

(d) “Livestock animal” means a ratite, psittacine, horse, gelding, mare, sta llion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.

(e) “Precursor substance” has the meaning given that term in ORS 475.940.

(3) Theft in the first degree is a Class C felony.


Thank You for your time.

[able1]

It is not theft by deception. But it is plain old fraud.

[able1]

...so don't do it we would advise.