Current through 2024 Legislative Session
Section 12.1-23-07 - Misapplication of entrusted property1. A person is guilty of misapplication of entrusted property if the person disposes of, uses, or transfers any interest in property that has been entrusted to the person as a fiduciary, or in the person's capacity as a public servant or an officer, director, agent, employee of, or a person controlling a financial institution, in a manner that the person knows is not authorized and that the person knows to involve a risk of loss or detriment to the owner of the property or to the government or other person for whose benefit the property was entrusted.2. Misapplication of entrusted property is:a. A class A felony if the value of the property misapplied exceeds fifty thousand dollars.b. A class B felony if the value of the property misapplied exceeds ten thousand dollars but does not exceed fifty thousand dollars.c. A class C felony if the value of the property misapplied exceeds one thousand dollars but does not exceed ten thousand dollars.d. A class A misdemeanor if the value of the property misapplied exceeds five hundred dollars but does not exceed one thousand dollars.e. A class B misdemeanor in all other cases.Amended by S.L. 2013, ch. 104 (SB 2251),§ 6, eff. 8/1/2013.