(a) This section shall apply to any person:
(1) Exercising a public trust.
(2) Holding a public office.
(3) Who is a guardian, administrator, executor, trustee, or any receiver, or any other fiduciary, including, but not limited to, a settlement agent, as defined in G.S. 45A-3.
(4) Who is an officer or agent of a corporation, or any agent, consignee, clerk, bailee or servant, except persons under the age of 16 years, of any person.
(b) Any person who shall:
(1) Embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or
(2) Take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use,
any money, goods or other chattels, bank note, check or order for the payment of money issued by or drawn on any bank or other corporation, or any treasury warrant, treasury note, bond or obligation for the payment of money issued by the United States or by any state, or any other valuable security whatsoever that (i) belongs to any other person or corporation, unincorporated association or organization or (ii) are closing funds as defined in G.S. 45A-3, which shall have come into his possession or under his care, shall be guilty of a felony.
(c) If the value of the property described in subsection (b) of this section is one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the value of the property is less than one hundred thousand dollars ($100,000), the person is guilty of a Class H felony. (21 Hen. VII, c. 7; 1871-2, c. 145, s. 2; Code, s. 1014; 1889, c. 226; 1891, c. 188; 1897, c. 31; Rev., s. 3406; 1919, c. 97, s. 25; C.S., s. 4268; 1931, c. 158; 1939, c. 1; 1941, c. 31; 1967, c. 819; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(d); 2009-348, s. 1; 2009-570, s. 31.)
Notes of Decisions
Cited in
76
cases (
10 in the last 5 years), 1948–2025 · leading case:
State v. Weaver, 607 S.E.2d 599 (N.C. 2005).
State v. Weaver, 607 S.E.2d 599 (N.C. 2005).
· cites it 21× “On 6 August 2001, defendant was charged pursuant to N.C.G.S. § 14-90 with two counts of aiding and abetting his wife, Kimberly Weaver, to embezzle funds from International Color and with nineteen counts of aiding and abetting Kimberly Weaver to embezzle funds from R&D Plastics,…”
State v. Speckman, 391 S.E.2d 165 (N.C. 1990).
· cites it 6× “2d 230, 233 (1953); N.C.G.S. § 14-90 (1986). On the other hand, to constitute false pretenses the property must be acquired unlawfully at the outset, pursuant to a false representation.”
North Carolina Dep't of Corr. v. North Carolina Med. Bd., 675 S.E.2d 641 (N.C. 2009).
· cites it 3× “” Plaintiffs then asked the trial court (1) to enjoin defendant from disciplining any licensed physicians for involvement in executions carried out by plaintiffs; (2) to “declare the rights and obligations” of the parties; and (3) to declare that “a judicial execution is not a…”
State v. Pate, 253 S.E.2d 266 (N.C. Ct. App. 1979).
· cites it 8× “In order to convict a defendant of embezzlement under G.S. § 14-90, the State must prove three distinct elements: (1) that the defendant, being more than sixteen years of age, acted as an agent or fiduciary for his principal, (2) that he received money or valuable property of…”
State v. Tucker, 743 S.E.2d 55 (N.C. Ct. App. 2013).
· cites it 7× “N.C. Gen. Stat. § 14-90 (a)-(b) (2011). Because “[t]he embezzlement statute makes criminal the fraudulent conversion of personal property by one occupying some position of trust or some fiduciary relationship as specified in the statute [,]” State v.”
State v. Kornegay, 326 S.E.2d 881 (N.C. 1985).
· cites it 3× “After examining the statutes we hold that two separate and distinct offenses were charged in each case and that the trial court did not err in waiting until the close of all the evidence to require the State to make an election between the offenses of embezzlement and…”
State v. Booker, 821 S.E.2d 877 (N.C. Ct. App. 2018).
· cites it 4× “(4) Who is an officer or agent of a corporation, or any agent, consignee, clerk, *882 bailee or servant, except persons under the age of 16 years, of any person. (b) Any person who shall: (1) Embezzle or fraudulently or knowingly and willfully misapply or convert to his own use,…”
North Carolina State Bar v. Leonard, 632 S.E.2d 183 (N.C. Ct. App. 2006).
· cites it 4× “2d 222 (1979); N.C. Gen.Stat. § 14-90 (2005). Leonard challenges the third element; rather than intentionally misapplying the funds in his trust account, he contends he is responsible for no more than gross negligence.”
State v. Agnew, 241 S.E.2d 684 (N.C. 1978).
· cites it 2× “except persons under the age of sixteen years, of any person, shall embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or shall take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or…”
NC Dept. of Corr. v. NC Med. BD., 675 S.E.2d 641 (N.C. 2009).
· cites it 3× “" Plaintiffs then asked the trial court (1) to enjoin defendant from disciplining any licensed physicians for involvement in executions carried out by plaintiffs; (2) to "declare the rights and obligations" of the parties; and (3) to declare that "a judicial execution is not a…”
State v. Jones, 615 S.E.2d 896 (N.C. Ct. App. 2005).
· cites it 7× “As a local ABC Board employee, defendant should have been charged under N.C. Gen. Stat. § 14-90 . See N.C. Gen. Stat.”
State v. Hutson, 179 S.E.2d 858 (N.C. Ct. App. 1971).
· cites it 7× “The assignment of error is overruled. Defendant assigns as error the failure of the court to allow his timely made motions for nonsuit, contending that he was charged with and tried for felonious embezzlement under G.”
— N.C. Gen. Stat. § 14-90(a) — 1 case
— N.C. Gen. Stat. § 14-90(a)(3) — 1 case
— N.C. Gen. Stat. § 14-90(a)(4) — 1 case
— N.C. Gen. Stat. § 14-90(b) — 4 cases
— N.C. Gen. Stat. § 14-90(b)(2) — 1 case
— N.C. Gen. Stat. § 14-90(c) — 1 case
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