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Cheating (law) : ウィキペディア英語版
Cheating (law)

At law, cheating is a specific criminal offence relating to property.
Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute.〔In Florida cheating remains a criminal offence by virtue of Fla. Stat. § 775.01 which provides that English common law crimes are crimes in Florida, but a specific statutory penalty for cheating is supplied by Fla. Stat. § 817.29〕
In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in ''R. v. Sinclair''〔''R. v. Sinclair'' () 3 All 241〕 that "()o cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby".〔''Halsbury's Laws of England'', 2nd ed., Vol IX, para 944 citing various older common law cases〕
Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier,〔''R. v. Serlested'' (1627) Lat 202〕 using false weights or measures,〔''R. v. Closs'' (1857) Dears & B 460〕 and playing with false dice.〔''R. v. Maddocke'' (1619) 2 Roll Rep 107〕
==Definition==
In relation to the common law offence, no judicial definition of the offence was ever laid down, but the description of the offence set down in ''Stephen's Criminal Digest''〔''Stephen's Criminal Digest'', 9th Ed., 362〕 is regarded as fairly comprehensive, and is cited as an authoritative definition by ''Stroud's Judicial Dictionary''.

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