Section 7-113 - Embezzlement - Fraudulent misappropriation by fiduciary.

§ 7-113. Embezzlement - Fraudulent misappropriation by fiduciary.
 

(a)  Prohibited.- A fiduciary may not: 

(1) fraudulently and willfully appropriate money or a thing of value that the fiduciary holds in a fiduciary capacity contrary to the requirements of the fiduciary's trust responsibility; or 

(2) secrete money or a thing of value that the fiduciary holds in a fiduciary capacity with a fraudulent intent to use the money or thing of value contrary to the requirements of the fiduciary's trust responsibility. 

(b)  Penalty.- A person who violates this section is guilty of the misdemeanor of embezzlement and on conviction is subject to imprisonment for not less than 1 year and not exceeding 5 years. 

(c)  Statute of limitations and in banc review.- A person who violates this section is subject to § 5-106(b) of the Courts Article. 
 

[An. Code 1957, art. 27, § 132; 2002, ch. 26, § 2; 2003, ch. 21, § 1.]