3.309 — EMBEZZLEMENT
Violations of "Statute 3.308" results in a Class A Misdemeanor or Class C Felony with addition to any other penalties imposed, the court may order the defendant to pay restitution to the victim for the full amount of the property or funds embezzled.
(a) Definitions
"Embezzlement" refers to the fraudulent appropriation of funds, property, or assets by a person entrusted with its care or management, typically in a professional or fiduciary capacity.
(b) Elements
To establish the offense of embezzlement, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant was lawfully entrusted with money, property, or assets belonging to another party.
The defendant knowingly and intentionally misappropriated, converted, or took possession of the funds or property for personal use or unauthorized purposes.
The defendant did so without the consent of the rightful owner.
The defendant had fraudulent intent at the time of appropriation.
(c) Defenses
A defendant may raise the following defenses against a charge of embezzlement:
Lack of Intent: The defendant did not intend to permanently deprive the owner of the assets.
Good Faith Belief: The defendant reasonably believed they had the right to use the funds or property.
Accounting Errors: The misappropriation was due to a mistake or bookkeeping error rather than fraud.
Duress or Coercion: The defendant was forced or threatened into misappropriating the funds.
Consent: The owner granted permission for the defendant’s use of the assets.
(e) Penalties
Class A Misdemeanor: If the value of misappropriated funds or property is less than $5,000.
Class C Felony: If the value of misappropriated funds or property is $5,000 or more.
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