§ 1911. Embezzlement.

A.

Embezzlement is the fraudulent appropriation of property with a value of less than Five Hundred Dollars ($500.00) of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:

1.

Where the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds "held in trust" for any purpose;

2.

Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;

3.

Where the property is possessed or controlled for the use of another person;

4.

Where the property is to be used for a public or benevolent purpose;

5.

Where any person diverts any money appropriated by law from the purpose and object of the appropriation;

6.

Where any person fails or refuses to pay over to the City of Tulsa, or other appropriate authority, any tax or other monies collected in accordance with state law or municipal ordinance, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;

7.

Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;

8.

Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or

9.

Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.

Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion or use of property.

B.

Embezzlement shall be punished as follows:

1.

Any person convicted of violating this section shall be guilty of a misdemeanor offense and, upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), excluding costs, fees and assessments, and/or by imprisonment in the City Jail for a period of not more than six (6) months.

C.

Upon any prosecution for embezzlement it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith even though such claim is untenable. But this provision shall not excuse the retention of the property of another, to offset or pay demand held against him.

D.

The fact that the accused intended to restore the property embezzled is no ground of defense, or of mitigation of punishment, if it has not been restored before an information has been laid before a judge or magistrate, charging the commission of the offense.

(Ord. No. 15821; Ord. No. 22856, § 10, 4-18-2013)