Section 7-114 - Defalcation.
§ 7-114. Defalcation.
(a) "Revenue officer" defined.-
(1) In this section, "revenue officer" means an officer with the duty to collect revenue due to the State, a county, or other governmental entity.
(2) "Revenue officer" includes:
(i) a clerk;
(ii) a notary public;
(iii) a register of wills;
(iv) a sheriff; and
(v) a tax collector.
(b) Prohibited.- A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:
(1) 60 days after the date specified by law for the revenue officer to make payment; or
(2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.
(c) Penalty.-
(1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.
(2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:
(i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and
(ii) is subject to any other penalty provided by law.
(d) Statute of limitations and in banc review.- A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article.
(e) Evidence.- In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.
[An. Code 1957, art. 27, § 80; 2002, ch. 26, § 2; ch. 43; 2003, ch. 21, § 1.]