If I Didn’t Explicitly Say Or Write Anything Untrue Can I Be Convicted For Theft by Deception?

As illogical as it might seem at first brush, an affirmative misrepresentation (a.k.a. lie) is not required in order to convict someone in New Jersey for theft by deception. Failure to correct a false impression is enough provided the actor knows the victim has been deceived and relief on a false impression in proceeding with the transaction. Conduct or even failure to correct a known error of fact suffices when it perpetuates a false impression.