Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.174 (2026)

Embezzlement by agent, servant, or employee, or trustee, bailee, or custodian; penalty; prima facie proof of intent; enhanced sentence based on prior convictions; consecutive sentence; conditions; definitions.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.174 Embezzlement by agent, servant, or employee, or trustee, bailee, or custodian; penalty; prima facie proof of intent; enhanced sentence based on prior convictions; consecutive sentence; conditions; definitions.

Sec. 174.

    (1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.

    (2) If the money or other personal property embezzled has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

    (3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or other property embezzled, whichever is greater, or both imprisonment and a fine:

    (a) The money or other personal property embezzled has a value of $200.00 or more but less than $1,000.00.

    (b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

    (c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

    (4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or other property embezzled, whichever is greater, or both imprisonment and a fine:

    (a) The money or other personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.

    (b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

    (c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

    (5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or other property embezzled, whichever is greater, or both imprisonment and a fine:

    (a) The money or other personal property embezzled has a value of $20,000.00 or more but less than $50,000.00.

    (b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

    (c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

    (6) If the money or other personal property embezzled has a value of $50,000.00 or more but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

    (7) If the money or other personal property embezzled has a value of $100,000.00 or more, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

    (8) Except as otherwise provided in this subsection, the values of money or other personal property embezzled in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property embezzled. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.

    (9) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions must be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

    (a) A copy of the judgment of conviction.

    (b) A transcript of a prior trial, plea-taking, or sentencing.

    (c) Information contained in a presentence report.

    (d) The defendant's statement.

    (10) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.

    (11) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions must not be used to further enhance the sentence for the conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

    (12) The court may order a term of imprisonment imposed for a felony violation of this section to be served consecutively to any term of imprisonment imposed for any other criminal offense if the victim of the violation of this section was any of the following:

    (a) A nonprofit corporation or charitable organization under federal law or the laws of this state.

    (b) A person 60 years of age or older.

    (c) A vulnerable adult as defined in section 174a.

    (13) As used in this section:

    (a) "Cryptocurrency" means digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, and that operates independently of a central bank.

    (b) "Money or other personal property" includes cryptocurrency.

    

    

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.174 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2006, Act 573, Eff. Mar. 30, 2007 ;-- Am. 2019, Act 173, Eff. Mar. 19, 2020

FormerLaw Notes:

    See sections 1 and 2 of Act 48 of 1927, being CL 1929, §§ 16980 and 16981.

Notes of Decisions
Cited in 121 cases (22 in the last 5 years), 1951–2026 · leading case: People v. Schrauben, 886 N.W.2d 173 (Mich. Ct. App. 2016).
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People v. Schrauben, 886 N.W.2d 173 (Mich. Ct. App. 2016). · cites it 8× “159i(3), and eight counts of embezzlement, MCL 750.174, which the trial court dismissed when it granted defendant’s motion for directed verdict of acquittal.”
People v. Couzens, 747 N.W.2d 849 (Mich. 2008). · cites it 4× “174 3 provided, in pertinent part: *245 “(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within…”
People v. Lueth, 660 N.W.2d 322 (Mich. Ct. App. 2003). · cites it 2× “218, embezzlement by an agent of over $100, MCL 750.174, and horse racing violations, MCL 431.”
People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013). · cites it 3× “796, as originally enacted by 1979 PA 53 , provided: “[a] person shall not utilize a computer, computer system, or computer network to commit a violation of [MCL 750.174 (the Michigan embezzlement statute)], [MCL 750.”
People v. Harper, 739 N.W.2d 523 (Mich. 2007). · cites it 2× “[4] MCL 750.174(4)(a). [5] As a fourth-offense habitual offender, Harper's potential maximum prison sentence for larceny in a building would have increased from 4 years to 15 years under MCL 769.”
People v. Henderson, 289 N.W.2d 376 (Mich. 1980). · cites it 4× “she observed a black man pumping gasoline into a "beige-looking" car which she was "quite sure" was a hard top. Shortly before 11 p.m., she observed the same man pumping gas into the same car parked in the same position.”
Pace v. Edel-Harrelson, 878 N.W.2d 784 (Mich. 2016). “See MCL 750.174. Defendants presented evidence that on or about January 10, 2012, plaintiff made an inappropriate comment to a coworker.”
People v. Bell, 741 N.W.2d 57 (Mich. Ct. App. 2007). · cites it 2× “00”), and defendant Bernice W Bell pleaded nolo contendere to one count of embezzlement under MCL 750.174(3)(a) (involving “money or personal property [with].”
People v. Allen, 884 N.W.2d 548 (Mich. 2016). · cites it 2× “157w(4) (use of financial transaction device in excess of funds with intent to defraud); MCL 750.174(11) (embezzlement); MCL 750.218(10) (false pretenses); MCL 750.”
People v. Herbert, 511 N.W.2d 654 (Mich. 1993). · cites it 2× “[3] MCL 750.174; MSA 28.371. [4] MCL 750.157a; MSA 28.”
Bruinsma v. Wigger (In re Wigger), 595 B.R. 236 (Bankr. W.D. Mich. 2018). · cites it 2× “The Michigan Court of Appeals recently explained that prior to the enactment of the conversion statute, embezzlement was a statutory offense under Mich. Comp. Laws § 750.174 (1) and was "not an offense at common law.”
People v. Cross, 760 N.W.2d 314 (Mich. Ct. App. 2008). “Defendant appeals by delayed leave granted his sentence for attempted embezzlement of *738 $1,000 or more but less than $20,000, MCL 750.174(4)(a). The trial court sentenced defendant to three years’ probation, with the first 90 days to be served in jail.”
Show all 121 citing cases →
— Mich. Comp. Laws § 750.174(1) — 6 cases
Collins v. Wickersham, 862 F. Supp. 2d 649 (E.D. Mich. 2012).
People of Michigan v. Melody Ann Dominowski (Mich. Ct. App. 2019).
Zawada v. Hogan (E.D. Mich. 2021).
Marko Law Pllc v. Erin Salling (Mich. Ct. App. 2025).
People of Michigan v. Sandra Kay White (Mich. Ct. App. 2014).
— Mich. Comp. Laws § 750.174(11) — 1 case
People v. Allen, 884 N.W.2d 548 (Mich. 2016). “157w(4) (use of financial transaction device in excess of funds with intent to defraud); MCL 750.174(11) (embezzlement); MCL 750.218(10) (false pretenses); MCL 750.”
— Mich. Comp. Laws § 750.174(2) — 1 case
People of Michigan v. Jeffrey Michael Eastom (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.174(3)(a) — 4 cases
People v. Bell, 741 N.W.2d 57 (Mich. Ct. App. 2007). “00”), and defendant Bernice W Bell pleaded nolo contendere to one count of embezzlement under MCL 750.174(3)(a) (involving “money or personal property [with].”
People v. Bell, 741 N.W.2d 57 (Mich. Ct. App. 2007).
People of Michigan v. Latielya Quenette Williams (Mich. Ct. App. 2026).
People of Michigan v. Jessica Joanne Lindsey (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.174(4) — 4 cases
People v. Bell, 741 N.W.2d 57 (Mich. Ct. App. 2007). “00”), and defendant Bernice W Bell pleaded nolo contendere to one count of embezzlement under MCL 750.174(3)(a) (involving “money or personal property [with].”
20240215_C366503_39_366503.Opn.Pdf (Mich. Ct. App. 2024).
People of Michigan v. Ramonyea Travon Bishop (Mich. Ct. App. 2025).
People of Michigan v. Jeffrey Michael Eastom (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.174(4)(a) — 24 cases
People v. Harper, 739 N.W.2d 523 (Mich. 2007). “[4] MCL 750.174(4)(a). [5] As a fourth-offense habitual offender, Harper's potential maximum prison sentence for larceny in a building would have increased from 4 years to 15 years under MCL 769.”
People v. Cross, 760 N.W.2d 314 (Mich. Ct. App. 2008). “Defendant appeals by delayed leave granted his sentence for attempted embezzlement of *738 $1,000 or more but less than $20,000, MCL 750.174(4)(a). The trial court sentenced defendant to three years’ probation, with the first 90 days to be served in jail.”
People v. Bell, 741 N.W.2d 57 (Mich. Ct. App. 2007).
People of Michigan v. Jeffrey John Rutledge (Mich. Ct. App. 2018).
People of Michigan v. Jeffrey John Rutledge (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.174(4)(c) — 1 case
People of Michigan v. Harold Jay Leeman Jr (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 750.174(5)(a) — 7 cases
People v. Couzens, 747 N.W.2d 849 (Mich. 2008). “174 3 provided, in pertinent part: *245 “(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within…”
People v. Patton, 775 N.W.2d 610 (Mich. Ct. App. 2009).
People of Michigan v. Jay Dee Spencer, 909 N.W.2d 17 (Mich. Ct. App. 2017).
People v. Ferworn, 716 N.W.2d 584 (Mich. 2006).
People of Michigan v. Leonard Seawood (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 750.174(5)(c) — 2 cases
People of Michigan v. Melody Ann Dominowski (Mich. Ct. App. 2019).
People of Michigan v. Timothy Joseph Kane (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.174(6) — 6 cases
People of Michigan v. Timothy Lee Gray (Mich. Ct. App. 2018).
People of Michigan v. Timothy Lee Gray (Mich. Ct. App. 2018).
People of Michigan v. Mark David Weisberg (Mich. Ct. App. 2023).
People of Michigan v. Jamie Jean Zambon (Mich. Ct. App. 2022).
People of Michigan v. Sandra Kay White (Mich. Ct. App. 2014).
— Mich. Comp. Laws § 750.174(7) — 6 cases
People of Michigan v. Ryan James Williams (Mich. Ct. App. 2026).
People of Michigan v. Jeffrey Michael Eastom (Mich. Ct. App. 2015).
People of Michigan v. Marsha Sharlene Rutherford (Mich. Ct. App. 2020).
People of Michigan v. Kathleen Ruth Jiles (Mich. Ct. App. 2022).
People of Michigan v. Mark David Weisberg (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 750.174(8) — 1 case
People of Michigan v. Jeffrey Michael Eastom (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.174(a)(1) — 1 case
Rankin v. Berrien, Cnty. of (W.D. Mich. 2021).
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