(a)Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who either:
1.Without authority of law, appropriates the same, or any portion thereof, to his or her own use, or to the use of another; or,
2.Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or,
3.Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,
4.Fraudulently alters, falsifies, conceals, destroys, or obliterates any account; or,
5.Willfully refuses or omits to pay over, on demand, any public moneys in his or her hands, upon the presentation of a draft, order, or warrant drawn upon these moneys by competent authority; or,
6.Willfully omits to transfer the same, when transfer is required by law; or,
7.Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him or her under any duty imposed by law so to pay over the same;—
Is punishable by imprisonment in the state prison for two, three, or four years, and is disqualified from holding any office in this state.
(b)As used in this section, “public moneys” includes the proceeds derived from the sale of bonds or other evidence or indebtedness authorized by the legislative body of any city, county, district, or public agency.
(c)This section does not apply to the incidental and minimal use of public resources authorized by Section 8314 of the Government Code.
Notes of Decisions
Cited in
58
cases (
8 in the last 5 years), 1936–2026 · leading case:
People v. Battin, 77 Cal. App. 3d 635 (Cal. Ct. App. 1978).
People v. Battin, 77 Cal. App. 3d 635 (Cal. Ct. App. 1978).
· cites it 8× “Code, §§ 484-487), misuse of public funds (Pen. Code, § 424, subd. 2), and presentation of fraudulent claims to the county (Pen.”
People v. Vallerga, 67 Cal. App. 3d 847 (Cal. Ct. App. 1977).
· cites it 5× “He contends that “Penal Code § 424 was erroneously applied to the County Assessor, who is an elected official not charged with the receipt, safekeeping, transfer, or disbursement of public moneys.”
People v. Lopez, 52 Cal. App. 4th 233 (Cal. Ct. App. 1997).
· cites it 3× “Defendant Francisco Olmos Lopez was indicted on two counts of misappropriation of public funds (Pen. Code, § 424), six counts of perjury (Pen.”
People v. Hubbard, 371 P.3d 578 (Cal. 2016).
“” (Pen. Code, § 424, subd. (a) (section 424(a)).”
City of Bell v. Superior Court, 220 Cal. App. 4th 236 (Cal. Ct. App. 2013).
· cites it 2× “A criminal complaint against Rizzo charges multiple counts of misappropriation of public funds (Pen. Code, § 424, subd. (a)) arising out of numerous unauthorized “loans” Rizzo made of City funds to various City officers and employees, 2 and other entities.”
Stanson v. Mott, 551 P.2d 1 (Cal. 1976).
“) Although the indemnification provisions of the tort claims act are not directly applicable to an action by or on behalf of a public entity to recover moneys misappropriated or illegally expended by a public employee, the act’s provisions do reflect a general state policy to…”
People v. Groat, 19 Cal. App. 4th 1228 (Cal. Ct. App. 1993).
· cites it 2× “Defendant Theresa Groat was indicted by the Grand Jury of Santa Clara County on December 16, 1991, on one count of misappropriating public funds (Pen. Code, § 424). 1 She moved to set aside the indictment (§ 995, subd.”
People v. Biane, 315 P.3d 106 (Cal. 2013).
“Code, §§ 86, 165), to misappropriate public funds (Pen. Code, § 424), to commit a criminal conflict of interest (Gov.”
People v. Superior Court (Dorsey), 50 Cal. App. 4th 1216 (Cal. Ct. App. 1996).
“Dorsey was convicted, inter alia, of misappropriating public funds (Pen. Code, § 424, subd. 1), 2 embezzling public funds (§§ 504, 514), and subscribing a false tax return (Rev.”
Rizzo v. Ins. Co. of Pennsylvania, 969 F. Supp. 2d 1180 (C.D. Cal. 2013).
· cites it 2× “) Together,-the Criminal Actions charge Rizzo, along with several other former City officials and employees, with the following offenses: (1) three counts of misappropriation of public funds under CaLPenal Code § 424(a); (2) one count of conspiracy to violate CaLPenal Code §…”
Cal. Penal Code § 424(a): 1 case
Rizzo v. Ins. Co. of Pennsylvania, 969 F. Supp. 2d 1180 (C.D. Cal. 2013).
“) Together,-the Criminal Actions charge Rizzo, along with several other former City officials and employees, with the following offenses: (1) three counts of misappropriation of public funds under CaLPenal Code § 424(a); (2) one count of conspiracy to violate CaLPenal Code §…”
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