OUJI-CR 5-21

EMBEZZLEMENT (SECRETING) - ELEMENTS

No person may be convicted of embezzlement unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, secreted;

Second, personal property;

Third, with a value of (less than $1,000)/($1,000-$2,499.99)/($2,500-$14,999.99/($15,000 or more);

Fourth, of a person/(legal entity);

Fifth, with fraudulent intent to appropriate;

Sixth, to any use or purpose not intended or authorized by its owner;

Seventh, where the property was legally obtained; and

[Eighth, the property was entrusted to the defendant for a specific purpose/use/disposition, including any funds "held in trust" for any purpose].

OR

[Eighth, the defendant obtained the property by virtue of a power of attorney for the sale/transfer of the property].

OR

[Eighth, the property was controlled/possessed for the use of another person].

OR

[Eighth, the property was to be used for a public/benevolent purpose].

OR

[Eighth, the defendant diverted money appropriated by law from the purpose and object of the appropriation].

OR

[Eighth, the defendant failed/refused to pay over to the state/(Specify Other Appropriate Authority) any tax/ (Specify Other Type of Monies) collected in accordance with state law; and

Ninth, the defendant appropriated the tax/(Specify Other Type of Monies) for (his/her own use)/(the use of another person)].

OR

[Eighth, the defendant possessed the property for the purpose of transportation without regard to whether packages containing the property have been broken].

OR

[Eighth, the defendant removed crops from leased/rented premises with the intent to deprive the owner/landlord of rent due from the premises].

OR

[Eighth, the defendant fraudulently appropriated rent from leased/rented premises to himself/herself/(any person)].

OR

[Eighth, the property was possessed/controlled by virtue of a lease/rental agreement; and

Ninth, the defendant willfully/intentionally did not return the property within 10 days after the agreement expired].

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Statutory Authority: 21 O.S. Supp. 2019, § 1451.

Notes on Use

If the prosecution seeks to aggregate the value of multiple offenses, OUJI-CR 5-90A, infra, should also be used.

(2019 Supp.)