2025 Session Last amended: 2009 session

§ 16A.139 — Misappropriation of Money

Plain-Language Summary

Any state official, department head, or employee who intentionally uses appropriated money or collected fees for a purpose other than what the money was appropriated for is guilty of a gross misdemeanor. A department head or state official who commits this violation may be immediately removed from office—even without a criminal conviction. Judges, constitutional officers, and legislators are subject to different removal processes under the state constitution.

Practical Notes
Misappropriation of public funds is treated very seriously—gross misdemeanor charges can result in up to 364 days in jail and a $3,000 fine. Department heads face the additional consequence of immediate removal from their position. This law applies to all three branches of state government, and the removal can happen before any criminal case concludes.