§ 12.1-23-07 — Misapplication of entrusted property

1. 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.