Okla. Stat. tit. 21, § 21-1451v2
This is the official text of Okla. Stat. tit. 21, § 21-1451v2, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Embezzlement defined - Penalties
Official statutory text
A. Embezzlement is the fraudulent appropriation of property 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
Oklahoma Statutes - Title 21. Crimes and Punishments Page 694
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 state,
or appropriate authority, any tax or other monies collected in
accordance with state law, 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 five (5) days after the expiration
of the agreement or forty-eight (48) hours for heavy equipment.
Embezzlement does not require a distinct act of taking, but only
a fraudulent appropriation, conversion or use of property.
B. Except as provided in subsection C of this section,
embezzlement shall be punished as follows:
1. If the value of the property embezzled is less than One
Thousand Dollars ($1,000.00), any person convicted shall be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00), by imprisonment in the county jail for a term
not to exceed one (1) year or, at the discretion of the court, by
imprisonment in the county jail for one or more nights or weekends
pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, or
by both such fine and imprisonment;
2. If the value of the property embezzled is One Thousand
Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), any person convicted shall be guilty of a Class
D3 felony offense punishable by imprisonment as provided for in
Oklahoma Statutes - Title 21. Crimes and Punishments Page 695
subsections B through F of Section 20P of this title, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes;
3. If the value of the property embezzled is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), any person convicted shall be guilty of a
Class D1 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20N of this title, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes; or
4. If the value of the property embezzled is Fifteen Thousand
Dollars ($15,000.00) or more, any person convicted shall be guilty
of a Class C2 felony offense punishable by imprisonment as provided
title, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes; or
4. If the value of the property embezzled is Fifteen Thousand
Dollars ($15,000.00) or more, any person convicted shall be guilty
of a Class C2 felony offense punishable by imprisonment as provided
for in subsections B through F of Section 20M of this title, subject
to a fine not exceeding Ten Thousand Dollars ($10,000.00), and
ordered to pay restitution to the victim as provided in Section 991f
of Title 22 of the Oklahoma Statutes.
For purposes of this subsection, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.
C. Any county or state officer, deputy or employee of such
officer, who shall divert any money appropriated by law from the
purpose and object of the appropriation shall, upon conviction, be
guilty of a Class C2 felony offense punishable by imprisonment as
provided for in subsections B through F of Section 20M of this
title, and a fine equal to triple the amount of money so embezzled
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes. The fine shall operate
as a judgment lien at law on all estate of the party so convicted
and sentenced, and shall be enforced by execution or other process
for the use of the person whose money or other funds or property
were embezzled. In all cases the fine, so operating as a judgment
lien, shall be released or entered as satisfied only by the person
in interest.
D. Any executor, administrator, trustee, beneficiary or other
person benefiting from, acting in a fiduciary capacity for, or
otherwise administering a probate, intestate, or trust estate,
whether the trust is inter vivos or testamentary, upon conviction of
Oklahoma Statutes - Title 21. Crimes and Punishments Page 696
embezzlement from the estate shall not receive any portion, share,
gift or otherwise benefit from the estate.
R.L. 1910, § 2670. Amended by Laws 2002, c. 460, § 12, eff. Nov. 1,
2002; Laws 2004, c. 275, § 7, eff. July 1, 2004; Laws 2011, c. 280,
§ 1, eff. Nov. 1, 2011; Laws 2012, c. 235, § 1, eff. July 1, 2012;
State Question No. 780, Initiative Petition No. 404, § 10, adopted
at election held on November 8, 2016, eff. July 1, 2017; Laws 2018,
c. 116, § 2, eff. Nov. 1, 2018; Laws 2024, c. 63, § 1, eff. Nov. 1,
2024; Laws 2025, c. 486, § 233, eff. Jan. 1, 2026.
any person or legal entity, legally obtained, to any use or purpose
not intended or authorized by its owner, or the secretion of the
Oklahoma Statutes - Title 21. Crimes and Punishments Page 694
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 state,
or appropriate authority, any tax or other monies collected in
accordance with state law, 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 five (5) days after the expiration
of the agreement or forty-eight (48) hours for heavy equipment.
Embezzlement does not require a distinct act of taking, but only
a fraudulent appropriation, conversion or use of property.
B. Except as provided in subsection C of this section,
embezzlement shall be punished as follows:
1. If the value of the property embezzled is less than One
Thousand Dollars ($1,000.00), any person convicted shall be guilty
of a misdemeanor punishable by a fine not exceeding One Thousand
Dollars ($1,000.00), by imprisonment in the county jail for a term
not to exceed one (1) year or, at the discretion of the court, by
imprisonment in the county jail for one or more nights or weekends
pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, or
by both such fine and imprisonment;
2. If the value of the property embezzled is One Thousand
Dollars ($1,000.00) or more but less than Two Thousand Five Hundred
Dollars ($2,500.00), any person convicted shall be guilty of a Class
D3 felony offense punishable by imprisonment as provided for in
Oklahoma Statutes - Title 21. Crimes and Punishments Page 695
subsections B through F of Section 20P of this title, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes;
3. If the value of the property embezzled is Two Thousand Five
Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand
Dollars ($15,000.00), any person convicted shall be guilty of a
Class D1 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20N of this title, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes; or
4. If the value of the property embezzled is Fifteen Thousand
Dollars ($15,000.00) or more, any person convicted shall be guilty
of a Class C2 felony offense punishable by imprisonment as provided
title, shall be
subject to a fine not exceeding Five Thousand Dollars ($5,000.00),
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes; or
4. If the value of the property embezzled is Fifteen Thousand
Dollars ($15,000.00) or more, any person convicted shall be guilty
of a Class C2 felony offense punishable by imprisonment as provided
for in subsections B through F of Section 20M of this title, subject
to a fine not exceeding Ten Thousand Dollars ($10,000.00), and
ordered to pay restitution to the victim as provided in Section 991f
of Title 22 of the Oklahoma Statutes.
For purposes of this subsection, a series of offenses may be
aggregated into one offense when they are the result of the
formulation of a plan or scheme or the setting up of a mechanism
which, when put into operation, results in the taking or diversion
of money or property on a recurring basis. When all acts result
from a continuing course of conduct, they may be aggregated into one
crime. Acts forming an integral part of the first taking which
facilitate subsequent takings, or acts taken in preparation of
several takings which facilitate subsequent takings, are relevant to
determine the intent of the party to commit a continuing crime.
C. Any county or state officer, deputy or employee of such
officer, who shall divert any money appropriated by law from the
purpose and object of the appropriation shall, upon conviction, be
guilty of a Class C2 felony offense punishable by imprisonment as
provided for in subsections B through F of Section 20M of this
title, and a fine equal to triple the amount of money so embezzled
and ordered to pay restitution to the victim as provided in Section
991f of Title 22 of the Oklahoma Statutes. The fine shall operate
as a judgment lien at law on all estate of the party so convicted
and sentenced, and shall be enforced by execution or other process
for the use of the person whose money or other funds or property
were embezzled. In all cases the fine, so operating as a judgment
lien, shall be released or entered as satisfied only by the person
in interest.
D. Any executor, administrator, trustee, beneficiary or other
person benefiting from, acting in a fiduciary capacity for, or
otherwise administering a probate, intestate, or trust estate,
whether the trust is inter vivos or testamentary, upon conviction of
Oklahoma Statutes - Title 21. Crimes and Punishments Page 696
embezzlement from the estate shall not receive any portion, share,
gift or otherwise benefit from the estate.
R.L. 1910, § 2670. Amended by Laws 2002, c. 460, § 12, eff. Nov. 1,
2002; Laws 2004, c. 275, § 7, eff. July 1, 2004; Laws 2011, c. 280,
§ 1, eff. Nov. 1, 2011; Laws 2012, c. 235, § 1, eff. July 1, 2012;
State Question No. 780, Initiative Petition No. 404, § 10, adopted
at election held on November 8, 2016, eff. July 1, 2017; Laws 2018,
c. 116, § 2, eff. Nov. 1, 2018; Laws 2024, c. 63, § 1, eff. Nov. 1,
2024; Laws 2025, c. 486, § 233, eff. Jan. 1, 2026.
Status: in_force · Read it on the official government site
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