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54-7-206 - Theft or embezzlement by chief administrative officer.

54-7-206. Theft or embezzlement by chief administrative officer.

(a)  (1)  Any theft by a chief administrative officer, either directly or indirectly, of more than one thousand dollars ($1,000) of county highway or road money, is a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than three (3) years nor more than twenty (20) years.

     (2)  Any theft by a chief administrative officer, either directly or indirectly, of one thousand dollars ($1,000) or less of county highway or road money, is a misdemeanor, and, upon conviction, shall be punished by confinement for not more than one (1) year.

(b)  If any chief administrative officer charged with the collection, safekeeping, transfer, or disbursement of money or property belonging to the county highway department uses or diverts any part of the money or property by loan, investment, or otherwise, without authority of law, or converts any part of the money or property to the chief administrative officer's own use in any way whatever, the chief administrative officer commits embezzlement, and for every act, upon conviction, shall be punished as in the case of larceny, and in addition shall be required to pay to the court an amount equal to the amount embezzled. The amount shall be forwarded by the clerk to the county highway department.

[Acts 1988, ch. 658, § 1.]  

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