Theft by False Pretenses in Tennessee’s Online Marketplaces

 Posted on November 16, 2025 in Criminal Defense

Facebook Marketplace generates billions in sales ($30 billion in 2024) and boasts a massive user base, comprising more than one billion active users, or approximately 491 million shoppers per month. Facebook Marketplace and other similar online marketplaces have created a booming second-hand economy, but have also opened the door to criminal charges when theft by false pretenses or theft by deception occurs.

Unfortunately, Facebook Marketplace, Craigslist, OfferUp, and other peer-to-peer platforms have their share of scammers. However, in some cases, what most people would see as a simple misunderstanding, a defective item dispute, or a broken agreement can quickly escalate into a criminal investigation.

In the state of Tennessee, allegations of deception – even if they are only allegations – can result in felony theft charges, arrest warrants, and restitution orders. A highly experienced Dandridge, TN criminal defense attorney can protect your rights while pushing to classify the case as a civil matter to help you avoid criminal exposure altogether.  

What is Theft by False Pretenses in Tennessee?

Under T.C.A. § 39-14-103, a person commits theft  when he or she "knowingly obtains or exercises control over property without the owner’s effective consent, with intent to deprive the owner of the property."  When deception is involved, prosecutors may charge theft by deception, meaning the accused allegedly obtained property through:

• Misrepresentation of facts
• Misleading information about an item’s condition
• Misleading information about an item’s ownership
• Fraudulent listings
• False statements
• False identities

What Are Some of the Most Common Online Marketplace Situations That Can Lead to Criminal Charges?

In some instances, a seller may not have known that an item was defective or counterfeit until he or she is accused of deception. A person could be accused of accepting payment and failing to deliver the item purchased, even when the real reason was a canceled meetup or uncontrollable delays that the buyer interprets as intentional fraud. A seller could potentially misrepresent the condition, mileage, authenticity, or ownership of an item, either intentionally or mistakenly.

In some cases, an individual may face allegations of selling stolen property, but may or may not have been aware that the property was stolen. A seller who uses a fake or incomplete profile or has a "burner" Facebook account or prepaid phone may be viewed as intentionally practicing deception. Some sellers use counterfeit cash, fake receipts, fraudulent bank transfers, or fraudulent Venmo dealings that can create a dispute that quickly spirals into criminal allegations.

What Are the Potential Penalties for Theft by False Pretenses?

The value of the item will determine the charges. If the value is under $1,000, the offense will be charged as a misdemeanor. If the value is between $1,000 and $2,500, the offense will be charged as a Class E felony. For an item whose value is between $2,500 and $10,000, a Class D felony will be charged. The felony charges could result in imprisonment, fines and fees, and mandatory restitution. The collateral consequences could include the inability to obtain employment, the loss of a professional license, and adverse immigration consequences.

Contact a Jefferson County, TN Criminal Defense Lawyer

If you are facing charges of theft by false pretenses involving an online marketplace sale, an experienced Dandridge, TN theft crimes attorney from The Baker Law Firm may be able to help you avoid criminal exposure by stopping a warrant from being issued, or negotiating early restitution.

Attorney Baker understands the nuances of Tennessee theft laws and will fight felony enhancements based on item value while aggressively fighting your charges. He has been honored as one of Knoxville’s top attorneys by CityView magazine and was listed in the National Trial Lawyers Top 40 Under 40 in the Criminal Defense category.  To schedule your free consultation, call 865-200-4117.