Misappropriation is the unauthorized use of the name, likeness, identity, property, discoveries, or inventions of another person, without permission, in a way that causes them harm; in a criminal context it typically involves the intentional, unlawful taking of property or funds by someone who owes a duty to protect them, such as a public official, trustee, or other fiduciary. Misappropriation is broader than embezzlement: embezzlement applies specifically when the property or funds were lawfully entrusted to the person who then misuses them, while misappropriation also covers unauthorized use of property the person never had legitimate access to in the first place. When someone takes funds they could physically access but that were never formally entrusted to them, the resulting charge may be classified as larceny, misappropriation, or a related offense, but not embezzlement specifically.
Facts
Typical PenaltyImprisonment, fines, probation and a permanent criminal record; the punishment is set by the value of the property taken and the offender's prior criminal record. 1 Elements of OffenseIntentional, illegal use of another person's property or funds for one's own use or another unauthorized purpose, typically by someone with a fiduciary duty to protect those assets, such as a public official, a trustee, or an executor or administrator of an estate. 1 Jurisdiction VariationWhether misappropriation is charged as a felony or a lesser offense depends on the jurisdiction and the value of the property involved. 1 Classification
Offense GradeSerious or Indictable Offense 1 Sources
1. Misappropriation (Wikipedia)
Wikipedia, lead section
In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a deceased person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty).
Wikipedia, Consequences section, punishment factors sentence
Misappropriation can have very serious consequences, including imprisonment, fines, probation, and a permanent criminal record. The punishment for misappropriation may be determined by the value of the property affected and previous criminal record.
Wikipedia, Consequences section, felony classification sentence
Depending upon the jurisdiction and value of the property, misappropriation may be a felony.
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