§ 2-53 Embezzlement of Public Funds
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§ 2-53 Embezzlement of Public Funds
The defendant is charged with embezzlement of public funds.
Section 16-13-210 of the South Carolina Code of Laws provides:
It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds. A person who violates the provisions of this section is guilty of [embezzlement of public funds].
Section 16-13-220 of the South Carolina Code of Laws states:
In trials under section 16-13-210, upon production of evidence tending to prove that any such officer or other person has received public funds and failed to account for the funds as required by law, it is permissible to infer that the funds received and unaccounted for have been fraudulently appropriated by the officer or person.
The resulting implication only permits rather than requires the jury to infer a violation of this section. The permissive inference is another piece of evidence to be considered and evaluated. It is of an evidentiary nature and does not require the jury to infer a violation of the law. In other words, the permissive inference of a violation of the law from the failure to account is simply an evidentiary fact to be taken into consideration by you along with other evidence in the case and is to be given such weight as you determine it should receive. The permissive inference of a violation of the law by failure to account may be proof of violation of this section.
Embezzlement is defined as the fraudulent appropriation or conversion to his own use by an agent, employee, officer or other person acting in a fiduciary capacity of public money or property, the possession of which has been entrusted to him by another. It is the fraudulent appropriation of property by one lawfully entrusted with its possession. To "embezzle" means willfully to take, or convert to one's own use, public money or property, of which the wrongdoer acquired possession lawfully, by reason of some office or employment or position of trust.
The State must prove the elements of embezzlement of public funds by evidence satisfying you beyond a reasonable doubt of the defendant's guilt. The elements of the offense are:
(1) the defendant was a public officer or other person charged with the safekeeping, transfer, and disbursement of public funds;...
(2) the public funds were entrusted to the defendant for safekeeping, transfer, and disbursement;
(3) the defendant appropriated those funds to his own use; and
(4) the
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