State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-90

Article 18.

Embezzlement.

§ 14‑90.  Embezzlementof property received by virtue of office or employment.

(a)        This section shallapply to any person:

(1)        Exercising a publictrust.

(2)        Holding a publicoffice.

(3)        Who is a guardian,administrator, executor, trustee, or any receiver, or any other fiduciary,including, but not limited to, a settlement agent, as defined in G.S. 45A‑3.

(4)        Who is an officer oragent of a corporation, or any agent, consignee, clerk, bailee or servant,except persons under the age of 16 years, of any person.

(b)        Any person whoshall:

(1)        Embezzle orfraudulently or knowingly and willfully misapply or convert to his own use, or

(2)        Take, make away withor secrete, with intent to embezzle or fraudulently or knowingly and willfullymisapply or convert to his own use,

any money, goods or otherchattels, bank note, check or order for the payment of money issued by or drawnon any bank or other corporation, or any treasury warrant, treasury note, bondor obligation for the payment of money issued by the United States or by anystate, or any other valuable security whatsoever that (i) belongs to any otherperson or corporation, unincorporated association or organization or (ii) areclosing funds as defined in G.S. 45A‑3, which shall have come into hispossession or under his care, shall be guilty of a felony.

(c)        If the value of theproperty described in subsection (b) of this section is one hundred thousanddollars ($100,000) or more, the person is guilty of a Class C felony. If thevalue of the property is less than one hundred thousand dollars ($100,000), theperson is guilty of a Class H felony.  (21 Hen. VII, c. 7; 1871‑2, c. 145, s. 2; Code,s. 1014; 1889, c. 226; 1891, c. 188; 1897, c. 31; Rev., s. 3406; 1919, c. 97,s. 25; C.S., s. 4268; 1931, c. 158; 1939, c. 1; 1941, c. 31; 1967, c. 819;1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,s. 14; 1997‑443, s. 19.25(d); 2009‑348, s. 1; 2009‑570, s.31.)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-90

Article 18.

Embezzlement.

§ 14‑90.  Embezzlementof property received by virtue of office or employment.

(a)        This section shallapply to any person:

(1)        Exercising a publictrust.

(2)        Holding a publicoffice.

(3)        Who is a guardian,administrator, executor, trustee, or any receiver, or any other fiduciary,including, but not limited to, a settlement agent, as defined in G.S. 45A‑3.

(4)        Who is an officer oragent of a corporation, or any agent, consignee, clerk, bailee or servant,except persons under the age of 16 years, of any person.

(b)        Any person whoshall:

(1)        Embezzle orfraudulently or knowingly and willfully misapply or convert to his own use, or

(2)        Take, make away withor secrete, with intent to embezzle or fraudulently or knowingly and willfullymisapply or convert to his own use,

any money, goods or otherchattels, bank note, check or order for the payment of money issued by or drawnon any bank or other corporation, or any treasury warrant, treasury note, bondor obligation for the payment of money issued by the United States or by anystate, or any other valuable security whatsoever that (i) belongs to any otherperson or corporation, unincorporated association or organization or (ii) areclosing funds as defined in G.S. 45A‑3, which shall have come into hispossession or under his care, shall be guilty of a felony.

(c)        If the value of theproperty described in subsection (b) of this section is one hundred thousanddollars ($100,000) or more, the person is guilty of a Class C felony. If thevalue of the property is less than one hundred thousand dollars ($100,000), theperson is guilty of a Class H felony.  (21 Hen. VII, c. 7; 1871‑2, c. 145, s. 2; Code,s. 1014; 1889, c. 226; 1891, c. 188; 1897, c. 31; Rev., s. 3406; 1919, c. 97,s. 25; C.S., s. 4268; 1931, c. 158; 1939, c. 1; 1941, c. 31; 1967, c. 819;1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,s. 14; 1997‑443, s. 19.25(d); 2009‑348, s. 1; 2009‑570, s.31.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-90

Article 18.

Embezzlement.

§ 14‑90.  Embezzlementof property received by virtue of office or employment.

(a)        This section shallapply to any person:

(1)        Exercising a publictrust.

(2)        Holding a publicoffice.

(3)        Who is a guardian,administrator, executor, trustee, or any receiver, or any other fiduciary,including, but not limited to, a settlement agent, as defined in G.S. 45A‑3.

(4)        Who is an officer oragent of a corporation, or any agent, consignee, clerk, bailee or servant,except persons under the age of 16 years, of any person.

(b)        Any person whoshall:

(1)        Embezzle orfraudulently or knowingly and willfully misapply or convert to his own use, or

(2)        Take, make away withor secrete, with intent to embezzle or fraudulently or knowingly and willfullymisapply or convert to his own use,

any money, goods or otherchattels, bank note, check or order for the payment of money issued by or drawnon any bank or other corporation, or any treasury warrant, treasury note, bondor obligation for the payment of money issued by the United States or by anystate, or any other valuable security whatsoever that (i) belongs to any otherperson or corporation, unincorporated association or organization or (ii) areclosing funds as defined in G.S. 45A‑3, which shall have come into hispossession or under his care, shall be guilty of a felony.

(c)        If the value of theproperty described in subsection (b) of this section is one hundred thousanddollars ($100,000) or more, the person is guilty of a Class C felony. If thevalue of the property is less than one hundred thousand dollars ($100,000), theperson is guilty of a Class H felony.  (21 Hen. VII, c. 7; 1871‑2, c. 145, s. 2; Code,s. 1014; 1889, c. 226; 1891, c. 188; 1897, c. 31; Rev., s. 3406; 1919, c. 97,s. 25; C.S., s. 4268; 1931, c. 158; 1939, c. 1; 1941, c. 31; 1967, c. 819;1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,s. 14; 1997‑443, s. 19.25(d); 2009‑348, s. 1; 2009‑570, s.31.)