§ 13A-9-51 — Misapplication of Property

Alabama § 13A-9-51

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 9: Forgery and Fraudulent Practices
• Art. 2: Business Frauds

Text

(a) A person commits the crime of misapplication of property if, with knowledge that he is misapplying and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.
(b) “Fiduciary” includes a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.
(c) To “misapply” means to deal with the property contrary to law or governmental regulation of the custody or disposition of that property; “governmental regulation” includes administrative and judicial rules and orders as well as statutes and ordinances.
(d) Misapplication of property is a Class A misdemeanor.

Legislative History

(Acts 1977, No. 607, p. 812, §4155.)