Is embezzlement a crime of theft under section 484 of the California Criminal Code?

California, United States of America


The following excerpt is from The People v. Fenderson, A123984, No. SCR521988 (Cal. App. 2010):

error harmless. Embezzlement is theft ( 490a)7 and is chargeable as theft. (People v. Artis (1993) 20 Cal.App.4th 1024, 1027.) "[T]here are no conflicts between the elements to prove, or the punishment for, embezzlement under section 484 and embezzlement defined in section 507. Each is punished 'in the manner prescribed for theft of property of the value or kind embezzled.' ( 514.)" (People v. Artis, at p. 1027.) As with larceny by trick and obtaining property by false pretenses, embezzlement and grand theft by larceny are "aimed at different criminal acquisitive techniques... [but,] with other larcenous crimes, have been consolidated into the single crime of theft (... 484)...." (People v. Ashley, supra, 42 Cal.2d at p. 258.)

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