Description
Criminal Embezzlement charges may be filed against any clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment.
What does the prosecutor have to prove?
1. Defendant is a clerk, agent or servant of any other person.
2. Defendant fraudulently appropriated property of another to his or her own use that came into his control or care by virtue of his employment as such clerk, agent, or servant.
or
2. Defendant secreted with fraudulent intent to appropriate to his or her own use property of another that came into his control or care by virtue of his employment as such clerk, agent, or servant.
Punishment
Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days