Does reckless disregard for the truth constitute intentional falsity?

California, United States of America


The following excerpt is from People v. Cook, 148 Cal.Rptr. 605, 22 Cal.3d 67, 583 P.2d 130 (Cal. 1978):

14 Even when no oath is involved, reckless disregard for the truth may be deemed the equivalent of intentional falsity. Thus the crime of theft is committed by one "who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money . . . ." (Pen.Code, 484.) The statute has long been construed to permit conviction of a defendant who makes such representations "knowing them to be false, or (which is tantamount to knowledge of falsity) recklessly, and without information justifying a belief that they were true." (People v. Cummings (1899) 123 Cal. 269, 271-272, 55 P. 898, 899; accord, People v. Schmitt (1957) 155 Cal.App.2d 87, 109, 317 P.2d 673, and cases cited.)

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