1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3996 By: Fetgatter
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Section 1451, which relates to the
8 crime of embezzlement; reducing time limitation for
8 certain embezzlement crime; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1451, is
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14 amended to read as follows:
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15 Section 1451. A. Embezzlement is the fraudulent appropriation
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16 of property of any person or legal entity, legally obtained, to any
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17 use or purpose not intended or authorized by its owner, or the
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18 secretion of the property with the fraudulent intent to appropriate
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19 it to such use or purpose, under any of the following circumstances:
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20 1. Where the property was obtained by being entrusted to that
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21 person for a specific purpose, use, or disposition and shall
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22 include, but not be limited to, any funds "held in trust" for any
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23 purpose;
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 1 2. Where the property was obtained by virtue of a power of
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2 attorney being granted for the sale or transfer of the property;
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3 3. Where the property is possessed or controlled for the use of
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4 another person;
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5 4. Where the property is to be used for a public or benevolent
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6 purpose;
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7 5. Where any person diverts any money appropriated by law from
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8 the purpose and object of the appropriation;
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9 6. Where any person fails or refuses to pay over to the state,
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10 or appropriate authority, any tax or other monies collected in
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11 accordance with state law, and who appropriates the tax or monies to
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12 the use of that person, or to the use of any other person not
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13 entitled to the tax or monies;
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14 7. Where the property is possessed for the purpose of
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15 transportation, without regard to whether packages containing the
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16 property have been broken;
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17 8. Where any person removes crops from any leased or rented
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18 premises with the intent to deprive the owner or landlord interested
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19 in the land of any of the rent due from that land, or who
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20 fraudulently appropriates the rent to that person or any other
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21 person; or
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22 9. Where the property is possessed or controlled by virtue of a
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23 lease or rental agreement, and the property is willfully or
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 1 intentionally not returned within ten (10) days forty-eight (48)
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2 hours after the expiration of the agreement.
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3 Embezzlement does not require a distinct act of taking, but only
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4 a fraudulent appropriation, conversion or use of property.
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5 B. Except as provided in subsection C of this section,
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6 embezzlement shall be punished as follows:
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7 1. If the value of the property embezzled is less than One
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8 Thousand Dollars ($1,000.00), any person convicted shall be guilty
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9 of a misdemeanor punishable by a fine not exceeding One Thousand
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10 Dollars ($1,000.00), by imprisonment in the county jail for a term
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11 not to exceed one (1) year or, at the discretion of the court, by
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12 imprisonment in the county jail for one or more nights or weekends
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13 pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, or
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14 by both such fine and imprisonment;
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15 2. If the value of the property embezzled is One Thousand
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16 Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
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17 Dollars ($2,500.00), any person convicted shall be guilty of a
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18 felony punishable by imprisonment in the custody of the Department
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19 of Corrections for a term not to exceed two (2) years or in the
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20 county jail for a term not to exceed one (1) year, shall be subject
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21 to a fine not exceeding Five Thousand Dollars ($5,000.00), and
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22 ordered to pay restitution to the victim as provided in Section 991f
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23 of Title 22 of the Oklahoma Statutes;
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 1 3. If the value of the property embezzled is Two Thousand Five
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2 Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
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3 Dollars ($15,000.00), any person convicted shall be guilty of a
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4 felony punishable by imprisonment in the custody of the Department
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5 of Corrections for a term not to exceed five (5) years, shall be
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6 subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
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7 and ordered to pay restitution to the victim as provided in Section
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8 991f of Title 22 of the Oklahoma Statutes; or
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9 4. If the value of the property embezzled is Fifteen Thousand
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10 Dollars ($15,000.00) or more, any person convicted shall be guilty
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11 of a felony punishable by imprisonment in the custody of the
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12 Department of Corrections for a term not to exceed eight (8) years,
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13 subject to a fine not exceeding Ten Thousand Dollars ($10,000.00),
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14 and ordered to pay restitution to the victim as provided in Section
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15 991f of Title 22 of the Oklahoma Statutes.
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16 For purposes of this subsection, a series of offenses may be
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17 aggregated into one offense when they are the result of the
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18 formulation of a plan or scheme or the setting up of a mechanism
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19 which, when put into operation, results in the taking or diversion
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20 of money or property on a recurring basis. When all acts result
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21 from a continuing course of conduct, they may be aggregated into one
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22 crime. Acts forming an integral part of the first taking which
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23 facilitate subsequent takings, or acts taken in preparation of
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 1 several takings which facilitate subsequent takings, are relevant to
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2 determine the intent of the party to commit a continuing crime.
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3 C. Any county or state officer, deputy or employee of such
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4 officer, who shall divert any money appropriated by law from the
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5 purpose and object of the appropriation shall, upon conviction, be
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6 guilty of a felony punishable by imprisonment in the custody of the
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7 Department of Corrections for a term not less than one (1) year nor
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8 more than ten (10) years, and a fine equal to triple the amount of
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9 money so embezzled and ordered to pay restitution to the victim as
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10 provided in Section 991f of Title 22 of the Oklahoma Statutes. The
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11 fine shall operate as a judgment lien at law on all estate of the
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12 party so convicted and sentenced, and shall be enforced by execution
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13 or other process for the use of the person whose money or other
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14 funds or property were embezzled. In all cases the fine, so
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15 operating as a judgment lien, shall be released or entered as
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16 satisfied only by the person in interest.
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17 D. Any executor, administrator, trustee, beneficiary or other
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18 person benefiting from, acting in a fiduciary capacity for, or
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19 otherwise administering a probate, intestate, or trust estate,
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20 whether the trust is inter vivos or testamentary, upon conviction of
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21 embezzlement from the estate shall not receive any portion, share,
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22 gift or otherwise benefit from the estate.
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 1 SECTION 2. This act shall become effective November 1, 2024.
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3 59-2-9549 GRS 01/04/24
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Statutes affected:
Floor (Senate): 21-1451