Currrent as of February 4, 2022

Penal Code § 424

Embezzlement and falsification of accounts

(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 of 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.


Enacted 1872. Amended Code Amdts 1880 ch 88 § 1; Stats 1905 ch 59 § 1; Stats 1963 ch 344 § 1; Stats 1965 ch 107 § 9; Stats 1976 ch 1139 § 197, operative July 1, 1977; Stats 2002 ch 154 § 2 (AB 1714); Amended Stats 2003 ch 62 § 227 (SB 600).

PC 424