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RSA 637:10 · Theft by Misapplication of Property

Title
LXII: CRIMINAL CODE
Chapter
637 · THEFT
Status
current
Official source linked
Yes
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637:10 Theft by Misapplication of Property. –

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I.

A person commits theft if he obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a third person, whether from that property or its proceeds or from his own property to be reserved in an equivalent or agreed amount, if he purposely or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as his own.

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II.

Liability under paragraph I is not affected by the fact that it may be impossible to identify particular property as belonging to the victim at the time of the failure to make the required payment or disposition.

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III.

An officer or employee of the government or of a financial institution is presumed:

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(a)

To know of any legal obligation relevant to his liability under this section, and

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(b)

To have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of his accounts.

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IV.

As used in this section:

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(a)

"Financial institution" means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

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(b)

"Government" means the United States, any state or any county, municipality or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government or formed pursuant to interstate compact or international treaty. Source. 1971, 518:1, eff. Nov. 1, 1973.

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Source note

Source. 1971, 518:1, eff. Nov. 1, 1973.

Source history

  • 1971, 518:1, eff. Nov. 1, 1973

Related materials

Bill relationships

  • 2026 HB1670 repeal

    nd Twenty-Six AN ACT relative to organized retail crime. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Organized Retail Crime RSA 637:10-c is repealed and reenacted to read as follows: 637:10-c Organized Retail Crime. I. A person is guilty of organized retail crime if he or she acts in concert with one or more persons to commit theft of retail merc

  • 2026 HB1670 amend

    Prosecutions may be brought in any county where any part of the enterprise activity occurred. 2 New Section; Leader or Kingpin of an Organized Retail Crime Enterprise. Amend RSA 637 by inserting after section 10-d the following new section: 637:10-e Leader or Kingpin of an Organized Retail Crime Enterprise. I. Definitions. (a) "Organized retail crime enterprise" means 2 or more persons

  • 2026 HB1670-FN amend

    Prosecutions may be brought in any county where any part of the enterprise activity occurred. 2 New Section; Leader or Kingpin of an Organized Retail Crime Enterprise. Amend RSA 637 by inserting after section 10-d the following new section: 637:10-e Leader or Kingpin of an Organized Retail Crime Enterprise. I. Definitions. (a) "Organized retail crime enterprise" means 2 or more persons

  • 2026 HB1670-FN repeal

    nd Twenty-Six AN ACT relative to organized retail crime. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Organized Retail Crime RSA 637:10-c is repealed and reenacted to read as follows: 637:10-c Organized Retail Crime. I. A person is guilty of organized retail crime if he or she acts in concert with one or more persons to commit theft of retail merc

  • 2025 HB75 reference

    may provide, or has provided, evidence of the commission of organized crime, as defined in RSA 570-A:1, XI, or evidence of the commission of the offenses of homicide, kidnapping, gambling, theft as defined in RSA 637, corrupt practices as defined in RSA 640, child sexual abuse images under RSA 649-A, computer pornography and child exploitation under RSA 649-B, criminal conduct in violation of the securities law, as defined

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