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Embezzlement: penalties in each state and country

Keeping or using for yourself money or property that was entrusted to you, such as an employee taking from an employer.

What to look for: Many states treat it as a kind of theft, with the penalty depending on the value taken.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

34 states covered so far

Alabama

Up to one year (misdemeanor) up to 20 years (Class B) by value

Show the degrees and the statutes

The sections read here have no separate embezzlement offence. The nearest is theft of property, graded by value. Fourth degree: up to $500, Class A misdemeanor. Third degree: over $500 and up to $1,499, Class D felony. Second degree: $1,500 to $2,500, Class C felony. First degree: over $2,500, or property of any value taken from the person, Class B felony.

Alaska

Up to 1 year (theft, third degree, $250 to under $750) up to 10 years (theft, first degree, $25,000 or more)

Show the degrees and the statutes
  • Theft in the third degree ($250 to under $750) (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    Up to $25,000

    AS 11.46.140; AS 12.55.135(a); AS 12.55.035(b)

  • Theft in the second degree ($750 to under $25,000) (Class C felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Up to $50,000

    Presumptive range for a first felony conviction: 0 to 2 years. The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.46.130; AS 12.55.125(e); AS 12.55.035(b)

  • Theft in the first degree ($25,000 or more) (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $100,000

    Presumptive range for a first felony conviction: 1 to 3 years (higher in some listed circumstances). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.46.120; AS 12.55.125(d); AS 12.55.035(b)

The sections read here have no separate embezzlement offence. The nearest is theft, graded by value. Fourth degree (under $250): Class B misdemeanor. Third degree ($250 to under $750): Class A misdemeanor. Second degree ($750 to under $25,000): Class C felony. First degree ($25,000 or more): Class B felony.

Arizona

Up to 6 months (a small amount) to 3 to 12.5 years (a very large amount)

Show the degrees and the statutes
  • Theft of a small amount (under the felony limit) (Class 1 misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 6 months in jail
    Fine
    Fine of up to $2,500

    A.R.S. § 13-1802; § 13-707; § 13-802

  • Theft of a larger amount (Class 6 to Class 3 felonies, by value) (Class 6 felony)

    Least
    0.33 years (about 4 months)
    Most
    2 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 1 year, between 0.5 and 1.5 years; about 4 months if mitigated and 2 years if aggravated (§ 13-702). Class 6 is the lowest felony grade. Higher values are Class 5, 4 and 3 felonies.

    A.R.S. § 13-1802; § 13-702; § 13-801

  • Theft of a very large amount (Class 2 felony)

    Least
    3 years
    Most
    12.5 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). The highest grade is a Class 2 felony.

    A.R.S. § 13-1802; § 13-702; § 13-801

Arizona treats embezzlement as theft by 'converting' property that was entrusted to the person (§ 13-1802(A)(2)). The class depends on the value taken: from a Class 1 misdemeanor for a small amount up to a Class 2 felony for a very large amount.

California

Up to 6 months (petty theft) to up to 3 years (grand theft)

Show the degrees and the statutes
  • Petty theft (embezzlement of a small amount) (Misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 6 months in county jail
    Fine
    Fine of up to $1,000

    Cal. Penal Code § 487; § 490; § 514

  • Grand theft (embezzlement over the statutory value limit) (Wobbler: felony or misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Cal. Penal Code § 487; § 489; § 514

California punishes embezzlement as theft of the value or kind embezzled (§ 514). Embezzlement of public funds is a felony punished in state prison.

Colorado

A class 6 felony ($2,000 to under $5,000) up to a class 2 felony ($1,000,000 or more)

Show the degrees and the statutes

Colorado punishes embezzlement as theft, graded by value (C.R.S. § 18-4-401(2)).

Connecticut

A class A misdemeanor (over $1,000) up to a class B felony (over $20,000)

Show the degrees and the statutes

Connecticut punishes embezzlement as larceny (§ 53a-119), graded by value.

Delaware

Up to 1 year (a class A misdemeanor) up to 25 years ($100,000 or more)

Show the degrees and the statutes

Delaware defines theft to include, among other things, legally receiving or taking control of another's property and fraudulently converting it to one's own use (the section's third form). The class then depends on the value: a class A misdemeanor, class G felony over $1,500, class D felony over $50,000 but under $100,000, and class B felony at $100,000 or more. A theft from a victim aged 62 or older, or a vulnerable adult, is raised a class (class F over $1,500).

Florida

Up to 60 days (petit theft) up to 30 years (grand theft, first degree)

Show the degrees and the statutes

Florida treats embezzlement as theft (§ 812.014). The degree depends on the value of the property taken, and on some kinds of property.

Idaho

1 to 14 years (grand theft of more than $1,000); up to 20 years in some listed cases

Show the degrees and the statutes
  • Grand theft: theft of property whose value exceeds $1,000, or in other listed circumstances (Offence)

    Least
    1 year
    Most
    14 years
    Fine
    Up to $5,000, or both

    Idaho Code § 18-2408(2)

Idaho punishes embezzlement as theft (§ 18-2403). Grand theft includes theft of property worth more than $1,000, and theft of listed items such as public records, checks, property taken from a person, or property obtained by extortion. Most grand theft carries a fine of up to $5,000 and 1 to 14 years. Grand theft under § 18-2407(1)(a) carries a fine of up to $10,000 and 1 to 20 years.

Illinois

A Class A misdemeanor (up to $500) up to a Class 1 felony (over $100,000 up to $500,000), and heavier above that

Show the degrees and the statutes
  • Theft of property not from the person and not exceeding $500 (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Less than 1 year

    720 ILCS 5/16-1(b)(1); 730 ILCS 5/5-4.5-55

  • Theft of property exceeding $500 and not exceeding $10,000, or of property from the person (Class 3 felony)

    Least
    2 years
    Most
    5 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/16-1(b)(4); 730 ILCS 5/5-4.5-40

  • Theft of property exceeding $10,000 and not exceeding $100,000 (Class 2 felony)

    Least
    3 years
    Most
    7 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/16-1(b)(5); 730 ILCS 5/5-4.5-35

  • Theft of property exceeding $100,000 and not exceeding $500,000 (Class 1 felony)

    Least
    4 years
    Most
    15 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    720 ILCS 5/16-1(b)(6); 730 ILCS 5/5-4.5-30

Illinois punishes embezzlement as theft, graded by value (720 ILCS 5/16-1(b)).

Iowa

Up to 30 days (fifth-degree theft) to up to 10 years (first-degree theft)

Show the degrees and the statutes
  • Theft in the fifth degree (Simple misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 30 days
    Fine
    Fine of $105 to $855

    §§ 714.1 and 714.2.

    Iowa Code § 714.2; § 903.1

  • Theft in the fourth degree (Serious misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 1 year
    Fine
    Fine of $430 to $2,560

    §§ 714.1 and 714.2.

    Iowa Code § 714.2; § 903.1

  • Theft in the third degree (Aggravated misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 2 years
    Fine
    Fine of $855 to $8,540

    §§ 714.1 and 714.2.

    Iowa Code § 714.2; § 903.1

  • Theft in the second degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of $1,025 to $10,245

    §§ 714.1 and 714.2.

    Iowa Code § 714.2; § 902.9

  • Theft in the first degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of $1,370 to $13,660

    §§ 714.1 and 714.2. The highest degree applies to the highest values.

    Iowa Code § 714.2; § 902.9

Iowa treats embezzlement as theft by misappropriation: using or disposing of property one holds in trust in a way that is inconsistent with the owner's rights (§ 714.1, subsection 2). The degree depends on the value of the property.

Maine

6 months (Class E) up to 10 years (Class B), by the value taken

Show the degrees and the statutes

Maine treats taking another's property by unauthorised control as theft (§ 353), graded by value: up to $500, a Class E crime; over $500 to $1,000, Class D; over $1,000 to $10,000, Class C; over $10,000, or if a firearm or if armed, Class B.

Maryland

1 to 5 years

Show the degrees and the statutes

Maryland makes embezzlement a separate misdemeanor (§ 7-113), with a mandatory minimum of 1 year. Theft of property is graded by value in § 7-104, up to 20 years for property worth $100,000 or more.

Massachusetts

Up to 1 year in jail, or a fine of up to $1,500 ($1,200 or less); up to 5 years in state prison (over $1,200)

Show the degrees and the statutes
  • Larceny (including embezzlement) of property of $1,200 or less (Offence)

    Least
    No minimum term set by the statute
    Most
    1 year in jail
    Fine
    Or a fine of up to $1,500

    Mass. Gen. Laws ch. 266, § 30

  • Larceny (including embezzlement) of property worth more than $1,200, or a firearm (Offence)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Or a fine of up to $25,000 and up to 2 years in jail

    Mass. Gen. Laws ch. 266, § 30

Massachusetts treats embezzlement as larceny: unlawfully, and with intent to steal or embezzle, converting or secreting another's property (ch. 266, § 30). The penalty depends on whether the value exceeds $1,200 (or the property is a firearm).

Michigan

Up to 93 days (under $200) up to 20 years ($100,000 or more)

Show the degrees and the statutes
  • Embezzlement of less than $200 (Misdemeanor)

    Least
    No minimum term set by the statute
    Most
    93 days
    Fine
    Up to $500, or 3 times the value embezzled if greater

    Mich. Comp. Laws § 750.174(2)

  • Embezzlement of $200 to under $1,000 (Misdemeanor)

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    Up to $2,000, or 3 times the value embezzled if greater

    Mich. Comp. Laws § 750.174(3)

  • Embezzlement of $1,000 to under $20,000 (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Up to $10,000, or 3 times the value if greater

    Mich. Comp. Laws § 750.174(4)

  • Embezzlement of $20,000 to under $50,000 (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $15,000, or 3 times the value if greater

    Mich. Comp. Laws § 750.174(5)

  • Embezzlement of $50,000 to under $100,000 (Felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Up to $25,000, or 3 times the value if greater

    Mich. Comp. Laws § 750.174(6)

  • Embezzlement of $100,000 or more (Felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $50,000, or 3 times the value if greater

    Mich. Comp. Laws § 750.174(7)

Michigan grades embezzlement by the value of the money or property embezzled. Under $200: a misdemeanor, up to 93 days. $200 to under $1,000: a misdemeanor, up to 1 year. $1,000 to under $20,000: a felony, up to 5 years. $20,000 to under $50,000: up to 10 years. $50,000 to under $100,000: up to 15 years. $100,000 or more: up to 20 years.

Minnesota

Up to 5 years up to 20 years, depending on the value taken

Show the degrees and the statutes
  • Theft of property or services worth more than $1,000 and up to $5,000 (and the other circumstances of the third tier) (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine of up to $10,000

    Minn. Stat. § 609.52, subd. 3

  • Theft of property or services worth more than $5,000 (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    Minn. Stat. § 609.52, subd. 3

  • Theft of a firearm, or of property or services worth more than $35,000 (Felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    A fine of up to $100,000

    Minn. Stat. § 609.52, subd. 3

Minnesota has no separate embezzlement offence in the section we read. Taking, using or keeping another's property without consent and with intent to deprive is theft (§ 609.52), and the sentence depends on the value. The tiers below are the three highest. Lower values carry lower sentences, including gross misdemeanors and misdemeanors.

Missouri

A misdemeanor (under $750) up to a class C felony ($25,000 or more)

Show the degrees and the statutes

Missouri has no offence called embezzlement. It is stealing (R.S.Mo. 570.030), which covers appropriating property or services of another with the purpose to deprive the owner and without consent, or by deceit.

Montana

Up to 6 months ($1,500 or less) up to 10 years (over $1,500)

Show the degrees and the statutes
  • Theft of property worth $1,500 or less (Offence)

    Least
    No minimum term set by the statute
    Most
    6 months in the county jail
    Fine
    Up to $1,500, or both

    Mont. Code Ann. § 45-6-301

  • Theft of property worth more than $1,500 (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $50,000, or both

    Mont. Code Ann. § 45-6-301(7)(b)

Montana punishes embezzlement as theft (§ 45-6-301). Theft of property worth $1,500 or less is a misdemeanor with a fine of up to $1,500 or up to 6 months in the county jail, or both. Theft of property worth more than $1,500 carries a fine of up to $50,000 or up to 10 years in state prison, or both.

Nebraska

A Class II misdemeanor ($500 or less) up to a Class IIA felony ($5,000 or more)

Show the degrees and the statutes

Nevada

A misdemeanor (under $1,200) up to 1 to 20 years ($100,000 or more)

Show the degrees and the statutes

Embezzlement is defined in NRS 205.300 as a bailee's conversion of money, goods or property to their own use, or an agent, manager or clerk's use of entrusted property for another purpose. It is punished as the larceny of property of that kind and value (NRS 205.0835).

New Hampshire

A class A felony (theft over $1,500) down to a class B felony ($1,000 to $1,500)

Show the degrees and the statutes

New Hampshire punishes embezzlement as theft, by the value taken (RSA 637:11). Theft of a firearm is a class A felony whatever its value.

New York

Up to 364 days (petit larceny) up to 25 years (grand larceny, first degree)

Show the degrees and the statutes
  • Petit larceny (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 364 days in jail
    Fine
    Fine of up to $1,000 (§ 80.05)

    N.Y. Penal Law § 155.25; § 70.15; § 80.05

  • Grand larceny in the fourth degree (Class E felony)

    Least
    No minimum term set by the statute
    Most
    4 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 155.30; § 70.00

  • Grand larceny in the third degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 155.35; § 70.00

  • Grand larceny in the second degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 155.40; § 70.00

  • Grand larceny in the first degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 155.42; § 70.00

New York treats embezzlement as larceny (§ 155.05). The class depends on the value taken and sometimes the kind of property.

North Carolina

Class H (under $100,000) up to Class C ($100,000 or more)

Show the degrees and the statutes
  • Embezzlement of property of less than $100,000 (Class H felony)

    Least
    4 months
    Most
    19 months (1 year 7 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 4 to 8 months. The maximum is 19 months where the minimum is 8 (G.S. 15A-1340.17(d)). The chart allows a community, intermediate or active punishment at this level, so a prison term is not required.

    N.C. Gen. Stat. § 14-90; § 15A-1340.17

  • Embezzlement of property of $100,000 or more (Class C felony)

    Least
    44 months (3 years 8 months)
    Most
    123 months (10 years 3 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.

    N.C. Gen. Stat. § 14-90; § 15A-1340.17

North Dakota

Up to 5 years (class C) up to 20 years (class A, over $50,000)

Show the degrees and the statutes

The nearest North Dakota offence is theft, graded by value: over $50,000, class A; over $10,000 up to $50,000, class B; and class C where one of the listed circumstances applies. Lower values are misdemeanors, which we have not shown.

Ohio

Misdemeanor of the first degree (below $1,000) up to a felony of the first degree ($1,500,000 or more)

Show the degrees and the statutes

Ohio has no offence called embezzlement. It is theft (R.C. 2913.02). Ohio grades theft by value: a misdemeanor below $1,000; a felony of the fifth degree from $1,000 to under $7,500; fourth degree from $7,500 to under $150,000; third degree from $150,000 to under $750,000; second degree from $750,000 to under $1,500,000; and first degree at $1,500,000 or more.

Pennsylvania

A misdemeanor of the third degree (under $50) up to a felony of the first degree ($500,000 or more)

Show the degrees and the statutes
  • Theft of less than $50 (Misdemeanor of the third degree)

    Least
    No minimum term set by the statute
    Most
    1 year

    18 Pa.C.S. § 3903(b)(2); §§ 1104

  • Theft of $50 or more but less than $200 (Misdemeanor of the second degree)

    Least
    No minimum term set by the statute
    Most
    2 years

    18 Pa.C.S. § 3903(b)(1); §§ 1104

  • Theft not within the other grades (generally $200 up to $2,000), or any theft taken from the person or by threat or breach of a fiduciary obligation (Misdemeanor of the first degree)

    Least
    No minimum term set by the statute
    Most
    5 years

    18 Pa.C.S. § 3903(b); §§ 1104

  • Theft of more than $2,000, or of a motor vehicle (Felony of the third degree)

    Least
    No minimum term set by the statute
    Most
    7 years

    18 Pa.C.S. § 3903(a.1); §§ 1103

  • Theft of $100,000 or more but less than $500,000, or of a firearm (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    10 years

    18 Pa.C.S. § 3903(a); §§ 1103

  • Theft of $500,000 or more (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    20 years

    18 Pa.C.S. § 3903(a.2); §§ 1103

Pennsylvania punishes embezzlement as theft (for example theft by failure to make required disposition of funds). Theft is graded by value (18 Pa.C.S. § 3903). Breach of a fiduciary obligation raises the grade of lesser thefts to a first-degree misdemeanor.

Rhode Island

Up to 3 years (over $1,500) up to 10 years (over $10,000)

Show the degrees and the statutes
  • Larceny or embezzlement of more than $1,500 and less than $5,000 (Offence)

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    Up to $1,500, or both

    R.I. Gen. Laws § 11-41-5(a)(1)

  • Larceny or embezzlement of $5,000 to under $10,000 (Offence)

    Least
    No minimum term set by the statute
    Most
    6 years
    Fine
    Up to $3,000, or both

    R.I. Gen. Laws § 11-41-5(a)(2)

  • Larceny or embezzlement of more than $10,000, or of a firearm (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $5,000, or both

    R.I. Gen. Laws § 11-41-5(a)(3)

Rhode Island punishes embezzlement as larceny, graded by the value (R.I. Gen. Laws § 11-41-5). A firearm carries the highest tier whatever its value. Lower values are punished less severely, by provisions that were not read.

South Carolina

Up to 30 days (up to $2,000) up to 10 years ($10,000 or more)

Show the degrees and the statutes
  • Breach of trust with fraudulent intent, $2,000 or less (Misdemeanor)

    Least
    No minimum term set by the statute
    Most
    30 days
    Fine
    A fine of up to $1,000

    S.C. Code Ann. § 16-13-230

  • Breach of trust with fraudulent intent, more than $2,000 but less than $10,000 (Felony)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine in the discretion of the court

    S.C. Code Ann. § 16-13-230

  • Breach of trust with fraudulent intent, $10,000 or more (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine in the discretion of the court

    S.C. Code Ann. § 16-13-230

South Carolina punishes 'breach of trust with fraudulent intent', by the amount involved.

South Dakota

Up to 2 years (Class 6, $1,000 to $2,500) up to 25 years (Class 2, above $500,000)

Show the degrees and the statutes

The sections read here have no separate embezzlement offence. The nearest is grand theft, graded by value. Class 6 felony: more than $1,000 and up to $2,500. Class 5: more than $2,500 and up to $5,000. Class 4: more than $5,000 and up to $100,000. Class 3: more than $100,000 and up to $500,000. Aggravated grand theft, above $500,000, is a Class 2 felony.

Texas

A fine only (Class C misdemeanor) up to 5 to 99 years, or life (first degree)

Show the degrees and the statutes
  • Misapplication of fiduciary property of the smallest value (Class C misdemeanor)

    Least
    No minimum term set by the statute
    Most
    No jail; a fine only
    Fine
    Fine of up to $500

    Tex. Penal Code § 32.45; § 12.23

  • Misapplication of fiduciary property, middle values (Class A misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 1 year in jail
    Fine
    Fine of up to $4,000

    Class B misdemeanors and Class A misdemeanors apply at middle values.

    Tex. Penal Code § 32.45; § 12.21

  • Misapplication of fiduciary property, higher values (State jail felony)

    Least
    180 days in a state jail
    Most
    2 years in a state jail
    Fine
    Fine of up to $10,000

    A state jail felony, then third-, second- and first-degree felonies as the value rises.

    Tex. Penal Code § 32.45; § 12.35

  • Misapplication of fiduciary property of the highest value (Felony of the first degree)

    Least
    5 years
    Most
    99 years, or life
    Fine
    Fine of up to $10,000

    Tex. Penal Code § 32.45; § 12.32

Texas punishes embezzlement-type conduct as 'misapplication of fiduciary property' (§ 32.45), and also as theft (§ 31.03). The class depends on the value of the property misapplied.

Vermont

Up to 1 year ($100 or less) up to 10 years (over $100)

Show the degrees and the statutes
  • Embezzlement of money or property of $100 or less (Offence)

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    Up to $1,000, or both

    13 V.S.A. § 2531(b)

  • Embezzlement of money or property worth more than $100 (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $10,000, or both

    13 V.S.A. § 2531(b)

Virginia

Up to 12 months in jail (petit larceny) up to 1 to 20 years (grand larceny)

Show the degrees and the statutes
  • Petit larceny (embezzlement of a smaller amount) (Class 1 misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 12 months in jail
    Fine
    Fine of up to $2,500

    Va. Code § 18.2-96; § 18.2-111; § 18.2-11

  • Grand larceny (embezzlement of a larger amount) (Felony (term set by the statute))

    Least
    1 year in prison, or no prison term if the court chooses jail instead
    Most
    20 years, or up to 12 months in jail and a fine of up to $2,500

    Va. Code § 18.2-95; § 18.2-111

Virginia deems embezzlement to be larceny and punishes it as larceny (§ 18.2-111). The grade depends on the value taken.

Washington

Up to 364 days (third-degree theft) up to 10 years (first-degree theft)

Show the degrees and the statutes
  • Theft in the third degree (Gross misdemeanor)

    Least
    No minimum term set by the statute
    Most
    Up to 364 days in jail
    Fine
    Fine of up to $5,000

    RCW 9A.56.050; RCW 9A.20.021

  • Theft in the second degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of up to $10,000

    RCW 9A.56.040; RCW 9A.20.021

  • Theft in the first degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of up to $20,000

    RCW 9A.56.030; RCW 9A.20.021

Washington treats embezzlement as theft (RCW 9A.56.010). The degree depends on the value of the property taken.

West Virginia

Up to 1 year (value under $1,000); 1 to 10 years (grand larceny, $1,000 or more)

Show the degrees and the statutes
  • Petit larceny: stealing goods or chattels worth less than $1,000 (Offence)

    Least
    No minimum term set by the statute
    Most
    1 year in jail
    Fine
    Up to $2,500, or both

    W. Va. Code § 61-3-13

  • Grand larceny: stealing goods or chattels worth $1,000 or more (Offence)

    Least
    1 year
    Most
    10 years
    Fine
    Up to $2,500 if jail is chosen

    W. Va. Code § 61-3-13

West Virginia treats the general case of embezzlement as larceny, graded by value (§ 61-3-13). A person who commits grand larceny may instead be confined in jail for up to a year and fined up to $2,500.

32 countries covered so far

Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.

Algeria

3 months to 3 years

Show the degrees and the articles

Algerian law calls it 'abus de confiance', breach of trust: wrongly diverting items handed over to be returned or used in a set way.

Argentina

1 month to 6 years (fraud, including unlawful retention of property held in trust)

Show the degrees and the articles
  • Fraud by false name, simulated capacity, abuse of confidence, feigned goods or credit, or any other ruse or deceit (Prisión or reclusión)

    Least
    1 month
    Most
    6 years

    Código Penal (Argentina), art. 172

  • Refusal to return, or failure to return in due time, money or movable property received on deposit, commission or administration (Prisión or reclusión)

    Least
    1 month
    Most
    6 years

    Código Penal (Argentina), art. 173(2)

Argentina has no offence called embezzlement. The nearest are fraud (art. 172) and the special cases of fraud in art. 173, which carry the same penalty. These include refusing to return or failing to return in due time money or movable property received on deposit, commission or administration (art. 173(2)), and fraud by a person in charge of another's property (art. 173(7)).

Austria

Up to 6 months (Veruntreuung) up to 1 to 10 years (above 300,000 euros)

Show the degrees and the articles

Austria calls it 'Veruntreuung': taking for oneself property that was entrusted to one. The penalty rises with the value. Fraud (Betrug) is the offence of tricking someone into a loss.

Brazil

1 to 4 years (appropriating property in one's possession), 1 to 5 years (fraud)

Show the degrees and the articles
  • Apropriação indébita (appropriating another's movable property that one holds or possesses) (Reclusão (the more serious kind of prison))

    Least
    1 year
    Most
    4 years

    Código Penal (Brazil), art. 168

  • Estelionato (fraud: obtaining an unlawful advantage by deceit) (Reclusão (the more serious kind of prison))

    Least
    1 year
    Most
    5 years

    Código Penal (Brazil), art. 171

Brazilian law calls it 'apropriação indébita' (taking for oneself what one holds in trust). The penalty is increased by one third where the property was received in necessary deposit, as a guardian, trustee or similar, or by reason of a job or profession.

Bulgaria

Up to 8 years (embezzlement by an official); 1 to 10 years (aggravated)

Show the degrees and the articles

Art. 201 covers an official who appropriates money, things or other valuables handed to them in that capacity or entrusted to them to keep or manage. Embezzlement by a person who is not an official is punished under arts. 206 and following, which were not read for this table.

Canada

Up to 2 years (value $5,000 or less) up to 14 years (fraud or criminal breach of trust)

Show the degrees and the articles
  • Theft, value of $5,000 or less (Hybrid offence (indictable or summary))

    Least
    No minimum term set by the statute
    Most
    2 years

    On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).

    Criminal Code (Canada), s. 334(b)

  • Theft, value over $5,000 (Hybrid offence (indictable or summary))

    Least
    No minimum term set by the statute
    Most
    10 years

    On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).

    Criminal Code (Canada), s. 334(a)

  • Fraud, value of $5,000 or less (Hybrid offence (indictable or summary))

    Least
    No minimum term set by the statute
    Most
    2 years

    On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).

    Criminal Code (Canada), s. 380(1)(b)

  • Fraud, value over $5,000 (Indictable offence)

    Least
    No minimum term set by the statute
    Most
    14 years

    Criminal Code (Canada), s. 380(1)(a)

  • Criminal breach of trust (a trustee converting trust property, with intent to defraud) (Indictable offence)

    Least
    No minimum term set by the statute
    Most
    14 years

    Criminal Code (Canada), s. 336

The Criminal Code has no offence called embezzlement. The nearest are theft (s. 334), fraud (s. 380) and criminal breach of trust (s. 336). Theft and fraud are punished by value: $5,000 or less, or more than $5,000.

China

Up to 2 years (misappropriating entrusted property) up to 10 years to life (employee, very large amount)

Show the degrees and the articles
  • Misappropriation of entrusted property, a relatively large amount, refusing to return it (侵占罪) (Crime (fixed-term imprisonment))

    Least
    No minimum term set by the statute
    Most
    2 years' fixed-term imprisonment, or criminal detention or a fine

    Prosecuted only on the victim's complaint.

    Criminal Law of the PRC, art. 270

  • Misappropriation of entrusted property, a huge amount or other serious circumstances (Crime (fixed-term imprisonment))

    Least
    2 years
    Most
    5 years' fixed-term imprisonment
    Fine
    A fine is imposed as well

    Criminal Law of the PRC, art. 270

  • Misappropriation by staff of a company, a relatively large amount (职务侵占罪) (Crime (fixed-term imprisonment))

    Least
    No minimum term set by the statute
    Most
    3 years' fixed-term imprisonment, or criminal detention
    Fine
    A fine is imposed as well

    Criminal Law of the PRC, art. 271

  • Misappropriation by staff of a company, a huge amount (Crime (fixed-term imprisonment))

    Least
    3 years
    Most
    10 years' fixed-term imprisonment
    Fine
    A fine is imposed as well

    Criminal Law of the PRC, art. 271

  • Misappropriation by staff of a company, an especially huge amount (Crime (fixed-term imprisonment))

    Least
    10 years (if a fixed term is chosen)
    Most
    Life imprisonment (无期徒刑), or fixed-term imprisonment of 15 years
    Fine
    A fine is imposed as well

    Criminal Law of the PRC, art. 271

China has two crimes. Misappropriation of entrusted property (侵占罪, art. 270) is keeping property held for another. Misappropriation by staff of a company (职务侵占罪, art. 271) is taking the employer's property by using one's job, and carries heavier bands. Where the offender is in a state-owned body, the crime is corruption (arts. 382 and 383), not shown here.

Croatia

Up to 2 years (small value); 6 months to 5 years; 1 to 8 years (large value)

Show the degrees and the articles

Czechia

Up to 2 years (damage not insignificant) up to 10 years (large-scale damage)

Show the degrees and the articles

Embezzlement (zpronevěra) is appropriating a thing that was entrusted to the offender and thereby causing damage that is not insignificant. The tiers match those of theft.

England and Wales

Up to 7 years (theft) or 10 years (fraud by abuse of position)

Show the degrees and the articles
  • Theft (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment

    Theft Act 1968, s.7

  • Fraud (by false representation, by failing to disclose information, or by abuse of position) (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment (on conviction on indictment), or a fine, or both

    Fraud Act 2006, s.1(3)

England and Wales has no offence called 'embezzlement'. Taking money or property that one holds as an employee or agent is theft, or fraud by abuse of a position of trust.

Finland

A fine or up to 1 year 6 months (embezzlement); 4 months to 4 years (aggravated)

Show the degrees and the articles

France

Up to 5 years (breach of trust) up to 10 years (by a court officer or public official)

Show the degrees and the articles
  • Abus de confiance (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment
    Fine
    Fine of up to €375,000

    Code pénal, art. 314-1

  • The same, by a person who raises funds from the public, a manager of a business, and other listed cases (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment
    Fine
    Fine of up to €750,000

    Code pénal, art. 314-2

  • The same, by a court-appointed agent or a public or ministerial officer (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment
    Fine
    Fine of up to €1,500,000

    Code pénal, art. 314-3

French law calls it 'abus de confiance', breach of trust: misusing money or property handed over to be returned or used in a set way.

Germany

Up to 3 years (misappropriation) up to 10 years (breach of trust in an especially serious case)

Show the degrees and the articles
  • Unterschlagung (misappropriation of another's movable property) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    A fine may be imposed instead of prison

    German Criminal Code (StGB), section 246(1)

  • Unterschlagung of property entrusted to the offender (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine may be imposed instead of prison

    German Criminal Code (StGB), section 246(2)

  • Untreue (breach of trust: abusing a power over another's assets or breaching a duty to safeguard them) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine may be imposed instead of prison

    German Criminal Code (StGB), section 266(1)

  • Untreue in an especially serious case (as with fraud: commercial basis, major loss and similar) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    6 months
    Most
    10 years

    German Criminal Code (StGB), section 266(2) with 263(3)

Germany has two offences: Unterschlagung (misappropriating another's movable property) and Untreue (breach of trust by someone who must look after another's financial interests).

Hungary

Up to 2 years (small value) up to 10 years (particularly considerable value)

Show the degrees and the articles

Embezzlement (sikkasztás) is unlawfully appropriating a thing entrusted to the offender. Breach of fiduciary duty (hűtlen kezelés, s. 376) carries the same tiers for property under another's management. Hungary grades property crimes by the value involved: small ('kisebb'), greater ('nagyobb'), considerable ('jelentős'), particularly great ('különösen nagy') and particularly considerable ('különösen jelentős'). The money thresholds are set elsewhere in the Code and were not read for this table.

Iceland

Up to 6 years (embezzlement); up to 2 years (abuse of a position of trust)

Show the degrees and the articles

India

Up to 5 years (criminal breach of trust) up to life or 10 years (by a public servant, banker or agent)

Show the degrees and the articles
  • Criminal breach of trust (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment of either description, or a fine, or both

    Bharatiya Nyaya Sanhita, 2023, s. 316(2)

  • Criminal breach of trust by a carrier, wharfinger or warehouse-keeper (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment of either description
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 316(3)

  • Criminal breach of trust by a clerk or servant (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment of either description
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 316(4)

  • Criminal breach of trust by a public servant, or by a banker, merchant, factor, broker, attorney or agent (Offence (imprisonment of either description))

    Least
    No minimum term set by the statute
    Most
    Imprisonment for life, or imprisonment of either description for up to 10 years
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 316(5)

The Sanhita calls it 'criminal breach of trust': dishonestly misappropriating, or converting to one's own use, property one has been entrusted with.

Ireland

Up to 5 years (obtaining by deception) up to 10 years (theft; false accounting)

Show the degrees and the articles

Ireland has no offence called embezzlement. Dishonestly appropriating property entrusted to a person is theft (s. 4). The nearest related offences are making a gain or causing loss by deception (s. 6) and false accounting (s. 10).

Italy

Up to 3 years (appropriazione indebita), 6 months to 3 years (truffa, fraud)

Show the degrees and the articles
  • Appropriazione indebita (appropriating money or a movable thing one possesses) (Delitto (reclusione))

    Least
    No minimum term set by the statute
    Most
    3 years

    Increased where the thing was held as a necessary deposit.

    Codice penale (Italy), art. 646

  • Truffa (fraud: obtaining an unjust profit through artifice or deceit) (Delitto (reclusione))

    Least
    6 months
    Most
    3 years

    1 to 5 years in the aggravated cases of the second paragraph, such as harm to the State or a public body.

    Codice penale (Italy), art. 640

Italy calls it 'appropriazione indebita': keeping money or a movable thing one already possesses. It is prosecuted on the victim's complaint. Fraud (truffa) is shown beside it.

Japan

Up to 5 years (embezzlement) up to 10 years (embezzlement in the course of business)

Show the degrees and the articles
  • Embezzlement (横領: embezzling another's property in one's possession) (Crime (detention, 拘禁刑))

    Least
    No minimum term set by the statute
    Most
    5 years

    Penal Code (Japan), art. 252

  • Business embezzlement (業務上横領: embezzling in the course of one's business) (Crime (detention, 拘禁刑))

    Least
    No minimum term set by the statute
    Most
    10 years

    Penal Code (Japan), art. 253

Latvia

Up to 2 years (misappropriation); up to 5 years; up to 10 years (large amount)

Show the degrees and the articles
  • Misappropriation (piesavināšanās): unlawfully acquiring or squandering another's property entrusted to the offender (Offence (brīvības atņemšana))

    Least
    No minimum term set by the statute
    Most
    2 years

    Or a lighter sanction such as probation, community service or a fine, in the lower tiers

    Criminal Law of Latvia (Krimināllikums), s. 179(1)

  • Misappropriation of a considerable amount, or by a group by prior agreement (Offence (brīvības atņemšana))

    Least
    No minimum term set by the statute
    Most
    5 years

    Or a lighter sanction such as probation, community service or a fine, in the lower tiers

    Criminal Law of Latvia (Krimināllikums), s. 179(2)

  • Misappropriation of a large amount (Offence (brīvības atņemšana))

    Least
    No minimum term set by the statute
    Most
    10 years

    Criminal Law of Latvia (Krimināllikums), s. 179(3)

Morocco

6 months to 3 years

Show the degrees and the articles

Moroccan law calls it 'abus de confiance', breach of trust: wrongly diverting items handed over to be returned or used in a set way. Where the harm is of little value, the term is 1 month to 2 years.

Netherlands

Up to 3 years (verduistering) up to 4 years (by an employee or professional)

Show the degrees and the articles

'Verduistering' is dishonestly keeping another's property that one holds for a lawful reason, rather than by a crime. Where one holds it through a job, a profession or for payment, the maximum is higher.

New Zealand

Up to 1 year (theft of $2,000 or less) up to 7 years (theft over $2,000; criminal breach of trust)

Show the degrees and the articles
  • Theft of property of $2,000 or less (Offence)

    Least
    No minimum term set by the statute
    Most
    1 year

    Crimes Act 1961, s. 223(d)

  • Theft of property of more than $2,000, or theft by a person in a special relationship (Offence)

    Least
    No minimum term set by the statute
    Most
    7 years

    Crimes Act 1961, s. 223(a)-(b)

  • Criminal breach of trust by a trustee (Offence)

    Least
    No minimum term set by the statute
    Most
    7 years

    Crimes Act 1961, s. 229(2)

New Zealand has no offence called embezzlement. Dishonest appropriation by a person in a special relationship is theft (s. 220, 7 years). Criminal breach of trust applies to trustees who dishonestly convert trust property (s. 229). Ordinary theft is graded by value (s. 223).

Norway

A fine or up to 2 years (embezzlement); up to 6 years (aggravated)

Show the degrees and the articles

Portugal

Up to 3 years or a fine (abuse of confidence) up to 8 years (considerably high value)

Show the degrees and the articles

Embezzlement is covered by abuse of confidence (abuso de confiança, art. 205): unlawfully appropriating a movable thing entrusted to the offender. The Code grades it by value: high value and considerably high value.

Russia

Up to 2 years up to 10 years

Show the degrees and the articles

Russian law calls it 'appropriation or embezzlement' (prisvoyeniye ili rastrata): theft of property entrusted to the person. The grade rises with the amount, the position of the offender and group participation.

South Korea

Up to 5 years or a fine of up to 15 million won; up to 10 years or a fine of up to 30 million won in the course of business

Show the degrees and the articles
  • Embezzlement or refusal to return property held for another (Offence)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Or a fine of up to 15 million won

    Criminal Act (South Korea), Art. 355(1)

  • Embezzlement in breach of a duty owed in the course of business (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Or a fine of up to 30 million won

    Criminal Act (South Korea), Art. 356

Spain

6 months to 3 years (apropiación indebida), up to 1 to 6 years in aggravated cases

Show the degrees and the articles
  • Apropiación indebida (keeping money or property received in deposit, commission or custody) (Pena menos grave (prison of 3 months to 5 years))

    Least
    6 months
    Most
    3 years

    Punished with the penalties of estafa (art. 248).

    Código Penal (Spain), art. 253

  • Administración desleal or apropiación indebida with the aggravating circumstances of art. 250 (Pena grave (prison of more than 5 years))

    Least
    1 year
    Most
    6 years
    Fine
    Fine of 6 to 12 months

    Código Penal (Spain), art. 252, 250

Spain has two offences: 'apropiación indebida' (keeping money or property held in trust) and 'administración desleal' (disloyal management of another's assets). Both are punished as estafa (fraud), with the penalties of arts. 248 and 250. Where the amount is not more than 400 euros, a fine is imposed instead.

Sweden

Up to 2 years (förskingring) up to 1 to 6 years (grov trolöshet mot huvudman)

Show the degrees and the articles

Sweden has two offences. 'Förskingring' (embezzlement) is appropriating property that one holds for another. 'Trolöshet mot huvudman' (breach of trust against a principal) is abusing a position of trust in another's financial matters. 'Olovligt förfogande' covers some other misuse of property held on a restricted title.

Switzerland

Up to 5 years or a fine (Veruntreuung) up to 10 years (by an official, guardian or professional)

Show the degrees and the articles
  • Veruntreuung (appropriating an entrusted movable thing, or using entrusted assets unlawfully for oneself or another) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Prosecuted on complaint where it is against a relative.

    Swiss Criminal Code (StGB), art. 138(1)

  • Veruntreuung by a member of an authority, an official, a guardian, a professional asset manager, or in the exercise of a licensed profession or trade (Verbrechen (felony: more than 3 years))

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Swiss Criminal Code (StGB), art. 138(2)

Taiwan

Up to 5 years (embezzlement); 1 to 7 years (public duty)

Show the degrees and the articles

Turkey

6 months to 2 years (breach of trust) up to 1 to 7 years (property entrusted through a job or an authority)

Show the degrees and the articles
  • Güveni kötüye kullanma (abuse of trust) (Crime (hapis, prison))

    Least
    6 months
    Most
    2 years
    Fine
    A fine in days is added

    Prosecuted on the victim's complaint. A court fine is added.

    Turkish Penal Code (Law 5237), art. 155(1)

  • Güveni kötüye kullanma where the property was handed over through a profession, trade or service relationship, or an authority to manage another's property (Crime (hapis, prison))

    Least
    1 year
    Most
    7 years
    Fine
    A fine of up to 3,000 days

    A fine of up to three thousand days is added.

    Turkish Penal Code (Law 5237), art. 155(2)

Turkish law calls it 'güveni kötüye kullanma': dealing in another's property one holds for safekeeping or a stated use, or denying having received it.

Other states and countries are being added. Spotted a mistake? Tell us.