CHAPTER 299

RELATING TO CRIMES OF EMBEZZLEMENT

AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO THE CRIMES OF EMBEZZLEMENT, RECEIVING OF EMBEZZLED GOODS AND LARCENY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 635, Title 11, Delaware Code is amended to read as follows :

§ 635. Embezzlement of property valued at One Hundred Dollars ($100.00) or more and knowingly receiving same

Whoever embezzles money or other property which may be the subject of larceny, to the value of One Hundred Dollars ($100.00) or more ; or whoever receives, conceals, or retains the same knowing it to have been embezzled, is guilty of a felony and shall be fined in such amount or imprisoned for such term, or both, as the Court, in its discretion, may determine.

Section 2. § 636, Title 11, Delaware Code is amended to read as follows :

§ 635. Embezzlement of property valued at less than One Hundred Dollars ($100.00) and knowingly receiving same

Whoever embezzles money or other property which may be the subject of larceny, to the value of less than One Hundred Dollars ($100.00) ; or whoever receives, conceals or retains the same knowing it to have been embezzled, shall be fined not more than One Hundred Dollars ($100.00) or imprisoned not more than one (1) year, or both.

Section 3. §§ 637, 638, 639, 641, 642, and 643, Title 11, Delaware Code of 1953 are repealed.

Section 4. § 640, Title 11, Delaware Code is amended to read as follows:

§ 640.

Whoever fraudulently issues any note, or fraudulently puts forth any certificate of deposit or any certificate of stock, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, judgment or decree, or makes any false entry in any book, report or statement, with intent in either case to injure or defraud the bank, association, society, institution or company, State, county, city, town, village or borough of which he is an officer, shall be imprisoned not less than two (2) nor more than ten (10) years.

Section 5. Title 11, Delaware Code is amended to add an additional section to read as follows :

§ 3708.

A person indicted for or charged with embezzlement may be found guilty of larceny, and a person indicted for or charged with larceny may be found guilty of embezzlement if the evidence warrants such a finding.

Approved June 20, 1955.