Code of Alabama

Ala. Code § 13A-9-51 (2026)

Misapplication of Property.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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(a) A person commits the crime of misapplication of property if, with knowledge that he is misapplying and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.

(b) “Fiduciary” includes a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

(c) To “misapply” means to deal with the property contrary to law or governmental regulation of the custody or disposition of that property; “governmental regulation” includes administrative and judicial rules and orders as well as statutes and ordinances.

(d) Misapplication of property is a Class A misdemeanor.

(Acts 1977, No. 607, p. 812, §4155.)

Notes of Decisions
Cited in 2 cases, 1986–2009 · leading case: Hartford Accident & Indem. Co. v. McCraney (In re McCraney), 63 B.R. 64 (Bankr. N.D. Ala. 1986).
Hartford Accident & Indem. Co. v. McCraney (In re McCraney), 63 B.R. 64 (Bankr. N.D. Ala. 1986). “1975, Section 13A-9-51. Research has revealed no Alabama Criminal Code provision proscribing "embezzlement" as such, or any Alabama Insurance Code provision reconciling embezzlement in terms employed by the new Alabama Criminal Code.”
Ross v. State, 41 So. 3d 106 (Ala. Crim. App. 2009). · cites it 2× “The appellant, Sylvia Ross, was convicted of the misapplication of property, a violation of § 13A-9-51, Ala.Code 1975, and using her position as a clerk at the Wilcox County Water Works for personal gain, a violation of the State's ethics law codified at § 36-25-5, Ala.”
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