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SENATE FLOOR VERSION
April 4, 2024
ENGROSSED HOUSE
BILL NO. 3996 By: Fetgatter of the House
and
Rader of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1451, as amended by Section 2,
Chapter 116, O.S.L. 2018, 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, as
amended by Section 2, Chapter 116, O.S.L. 2018, 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 with the fraudulent intent to appropriate
it to such use or purpose, und er any of the following circumstances:
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1. Where the property was obtained by being entrusted to that
person for a specifi c purpose, use, or disposition and shall
include, but not be limited 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 property;
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 appropriation;
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 other person not
entitled to the tax or monies;
7. Where the property is possessed for the purpose of
transportation, without regard to whether packages con taining the
property have been broken;
8. Where any person removes crops from any leased or rented
premises with the inte nt 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 virtue 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 act of taking, but o nly
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 fine not exceeding One Thousand
Dollars ($1,000.00), by imprisonment in the county jail for a term
not to exceed one (1) year or, at the discretion of the court, by
imprisonment in the count y 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 Thous and Five Hundred
Dollars ($2,500.00), any person convicted shall be guilty of a
felony punishable by imprisonment in the custody of th e 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 victim as provided in Section 991f
of Title 22 of the Oklahoma Statutes;
3. If the value of the property embezzled is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), 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 five (5) years, s hall 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 Fifteen 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 Section
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 operation, 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 into 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 continuing 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 amount of
money so embezzled and ordered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Stat utes. The
fine shall operate as a judgment lien at law on all estate of the
party so convicted and sentenced, and shall be enforced b y execution
or other process for the use of the person whose money or other
funds or property were embezzled. In all case s the fine, so
operating as a judgment lien, shall be released or entered as
satisfied only by the person in interest.
D. Any executor, administrator, trustee, beneficiary or other
person benefiting from, 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 PUBLIC SAFETY
April 4, 2024 - DO PASS