The statute also includes a list of types of property included under the statute, which includes money, goods or other chattels, bank note, check or money order, or any treasury warrant, treasury note, bond, or any other valuable security that belongs to another person or are closing funds.
To prove that a person has committed the crime of embezzlement, the following elements must be shown:
- the defendant was a fiduciary of the victim
- while acting as the victim’s fiduciary, the defendant rightfully received the property
- the defendant intentionally, fraudulently and dishonestly used the property for some purpose other than that for which he received it
If the value of the property embezzled was $100,000 or more, the person is guilty of a Class C felony. A person who commits a Class C felony must be sentenced to punishment between 44 and 182 months, depending on prior convictions, and this punishment must be active jail time.
If the value of the property embezzled was less than $100,000, the person is guilty of a Class H felony. A person who commits a Class H felony must be sentenced to punishment between four and 25 months, depending on prior convictions. A person with no prior convictions may receive community or intermediate punishment, such as probation. However, any person who commits a Class H may receive active jail time as punishment.