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:
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].
[Eighth, the defendant obtained the property by virtue of a power of attorney for the sale/transfer of the property].
[Eighth, the property was controlled/possessed for the use of another person].
[Eighth, the property was to be used for a public/benevolent purpose].
[Eighth, the defendant diverted money appropriated by law from the purpose and object of the appropriation].
[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)].
[Eighth, the defendant possessed the property for the purpose of transportation without regard to whether packages containing the property have been broken].
[Eighth, the defendant removed crops from leased/rented premises with the intent to deprive the owner/landlord of rent due from the premises].
[Eighth, the defendant fraudulently appropriated rent from leased/rented premises to himself/herself/(any person)].
[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].
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.