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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3996 By: Fetgatter of the House
and
Rader of the Senate
COMMITTEE SUBSTITUTE
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1451, which relates to the
crime of embezzlement; modifying time limitation for
certain circumstance ; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1451, is
amended to read as follows:
Section 1451. A. Embezzlement is the fraudulent appropriation
of property of any person or legal entity, legally obtained, to any
use or purpose not intended or authorized by its owner, or the
secretion of the property wi th the fraudulent intent to appropriate
it to such use or purpose, under any of the following circumsta nces:
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1. Where the property was obtained by being entrusted to that
person for a specific purpose, use, or disposition and shall
include, but not be lim ited to, any funds "held in trust" for any
purpose;
2. Where the property was obtained by virtue of a power of
attorney being granted for the sale or transfer of the proper ty;
3. Where the property is possessed or controlled for the use of
another person;
4. Where the property is to be used for a public or benevolent
purpose;
5. Where any person diverts any money appropriated by law from
the purpose and object of the appr opriation;
6. Where any person fails or refuses to pay over to the state,
or appropriate authority, any tax or other monies collected in
accordance with state law, and who appropriates the tax or monies to
the use of that person, or to the use of any othe r person not
entitled to the tax or monies;
7. Where the property is possessed for the purpose of
transportation, without regard to whether packages containing the
property have been br oken;
8. Where any person removes crops from any leased or rented
premises with the intent to deprive the owner or landlord interested
in the land of any of the rent due from that land, or who
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fraudulently appropriates the rent to that person or any other
person; or
9. Where the property is possessed or controlled by virtu e of a
lease or rental agreement, and the property is willfully or
intentionally not returned within ten (10) days five (5) days after
the expiration of the agreement or forty-eight (48) hours for heavy
equipment.
Embezzlement does not require a distinct a ct of taking, but only
a fraudulent appropriation, conversion or use of property.
B. Except as provided in subsection C of this section,
embezzlement shall be punished as follows:
1. If the value of the property embezzled is less than One
Thousand Dollars ($1,000.00), any person convicted shall be guilty
of a misdemeanor punishable by a fin e not exceeding One Thousand
Dollars ($1,000.00), by im prisonment in the county jail for a term
not to exceed one (1) year or, at the d iscretion of the court, by
imprisonment in the county jail for one or more nights or weekends
pursuant to Section 991a -2 of Title 22 of the Oklahoma Statutes, or
by both such fine and imprisonment;
2. If the value of the property embezzled is One Thousand
Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), any person convicted shall be g uilty of a
felony punishable by imprisonment in the cus tody of the Department
of Corrections for a term not to exceed two (2) years or in the
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county jail for a term not to exceed one (1) year, shall be subject
to a fine not exceeding Five Thousand Dollars ($5,000.00), and
ordered to pay restitution to the vict im as provided in Section 991f
of Title 22 of the Oklahoma Statutes;
3. If the value of the property embezzled i s Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), any person convicted shall be gui lty of a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to excee d five (5) years, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000 .00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes; or
4. If the value of the property embezzled is Fi fteen Thousand
Dollars ($15,000.00) or more, any person convicted shall be guilty
of a felony punishable by imprisonment in the custody of the
Department of Corrections for a term not to exceed eight (8) years,
subject to a fine not exceeding Ten Thousand Dollars ($10,000.00),
and ordered to pay restitution to the victim as provided in Sectio n
991f of Title 22 of the Oklahoma Statutes.
For purposes of this subsection, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into oper ation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
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from a continuing course of conduct, they may be aggregated i nto one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a contin uing crime.
C. Any county or state officer, deputy or employee of such
officer, who shall divert any money appropriated by law from the
purpose and object of the appropriation shall, upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for a term not less than one (1) year nor
more than ten (10) years, and a fine equal to triple the a mount of
money so embezzled and ordered to pay restitution to the victim as
provided in Section 991f of Title 22 o f the Oklahoma Statutes. The
fine shall operate as a judgment lien at law on all estate of the
party so convicted and sentenced, and shall be enforced by execution
or other process for the use of the person whose money or other
funds or property were embe zzled. In all cases the fine, so
operating as a judgment lien, shall be released or ent ered as
satisfied only by the person in interest.
D. Any executor, administrator, trustee, beneficiary or other
person benefiting fro m, acting in a fiduciary capacity for, or
otherwise administering a probate, intestate, or trust estate,
whether the trust is inter vivos or testamentary, upon conviction of
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embezzlement from the estate shall not receive any portion, share,
gift or otherwise benefit from the estate.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/15/2024 - DO PASS, As Amended and Coauthored.