Alaska Statutes
Alaska Stat. § 11.46.620 (2026)
Misapplication of property
✓ current as of July 2026
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Sec. 11.46.620. Misapplication of property.
(a) A person commits the crime of misapplication of property if the person knowingly misapplies property that has been entrusted to that person as a fiduciary or that is property of the government or a financial institution.
(b) It is not a defense to a prosecution under this section that it may be impossible to identify particular property as belonging to the victim at the time of the defendant's misapplication.
(c) For purposes of this section, “misapply” means to deal with or dispose of property contrary to
(1) law;
(2) a judicial rule or order; or
(3) the obligations of a fiduciary relationship.
(d) Misapplication of property is
(1) a class C felony if the value of the property misapplied is $750 or more;
(2) a class A misdemeanor if the value of the property misapplied is less than $750.
(a) A person commits the crime of misapplication of property if the person knowingly misapplies property that has been entrusted to that person as a fiduciary or that is property of the government or a financial institution.
(b) It is not a defense to a prosecution under this section that it may be impossible to identify particular property as belonging to the victim at the time of the defendant's misapplication.
(c) For purposes of this section, “misapply” means to deal with or dispose of property contrary to
(1) law;
(2) a judicial rule or order; or
(3) the obligations of a fiduciary relationship.
(d) Misapplication of property is
(1) a class C felony if the value of the property misapplied is $750 or more;
(2) a class A misdemeanor if the value of the property misapplied is less than $750.
Notes of Decisions
Cited in 6
cases, 1987–2011 · leading case: In the Disciplinary Matter of Friedman, 23 P.3d 620 (Alaska 2001).
In the Disciplinary Matter of Friedman, 23 P.3d 620 (Alaska 2001). “As to violations of duties he owed the public, including the UYAK II claimants, the committee noted that Friedman appeared to have violated AS 11.46.620, and concluded that either suspension under ABA Standards § 5.”
In Re the Disciplinary Matter Involving Mann, 853 P.2d 1115 (Alaska 1993). “Mann was convicted of misapplication of property in violation of AS 11.46.620. His conviction is conclusive proof of all the elements of the crime for which he was convicted.”
In the Disciplinary Matter Involving Rice, 260 P.3d 1020 (Alaska 2011). “We noted, "Friedman's conduct, if committed in Alaska, would have violated AS 11.46.620(a) and would have been a Class C felony.”
Moore v. State, 740 P.2d 472 (Alaska Ct. App. 1987). “Tunley instructed the jury, over Moore’s objection, that it could consider the crime of misapplication of property (AS 11.46.620) as a lesser-included offense of scheme to defraud.”
State v. Breeze, 873 P.2d 627 (Alaska Ct. App. 1994). “600(a)(2), two counts of misapplication of property, AS 11.46.620(a), and a count of forgery in the first degree, AS 11.”
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995). “210(b) (theft by failure to make required disposition of funds); AS 11.46.620(b) (misapplication of property).”
— Alaska Stat. § 11.46.620(a) — 4 cases
In the Disciplinary Matter of Friedman, 23 P.3d 620 (Alaska 2001). “As to violations of duties he owed the public, including the UYAK II claimants, the committee noted that Friedman appeared to have violated AS 11.46.620, and concluded that either suspension under ABA Standards § 5.”
In Re the Disciplinary Matter Involving Mann, 853 P.2d 1115 (Alaska 1993). “Mann was convicted of misapplication of property in violation of AS 11.46.620. His conviction is conclusive proof of all the elements of the crime for which he was convicted.”
In the Disciplinary Matter Involving Rice, 260 P.3d 1020 (Alaska 2011). “We noted, "Friedman's conduct, if committed in Alaska, would have violated AS 11.46.620(a) and would have been a Class C felony.”
State v. Breeze, 873 P.2d 627 (Alaska Ct. App. 1994). “600(a)(2), two counts of misapplication of property, AS 11.46.620(a), and a count of forgery in the first degree, AS 11.”
— Alaska Stat. § 11.46.620(a)(2) — 1 case
State v. Breeze, 873 P.2d 627 (Alaska Ct. App. 1994). “600(a)(2), two counts of misapplication of property, AS 11.46.620(a), and a count of forgery in the first degree, AS 11.”
— Alaska Stat. § 11.46.620(b) — 1 case
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995). “210(b) (theft by failure to make required disposition of funds); AS 11.46.620(b) (misapplication of property).”
— Alaska Stat. § 11.46.620(c) — 1 case
In the Disciplinary Matter of Friedman, 23 P.3d 620 (Alaska 2001). “As to violations of duties he owed the public, including the UYAK II claimants, the committee noted that Friedman appeared to have violated AS 11.46.620, and concluded that either suspension under ABA Standards § 5.”
— Alaska Stat. § 11.46.620(d)(1) — 1 case
In the Disciplinary Matter of Friedman, 23 P.3d 620 (Alaska 2001). “As to violations of duties he owed the public, including the UYAK II claimants, the committee noted that Friedman appeared to have violated AS 11.46.620, and concluded that either suspension under ABA Standards § 5.”
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