Arizona Laws 35-301. Duties and liabilities of custodian of public monies; violations; classification
A public officer or other person, including justices of the peace and constables, who is charged with receiving, safekeeping, transferring or disbursing public monies is guilty of a class 4 felony who:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 4 felony | up to 3 years | up to $150,000 |
Terms Used In Arizona Laws 35-301
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- substitute check: means a paper reproduction of an original warrant or check that is created from an electronic image of the original warrant or check and that meets all of the following:
1. See Arizona Laws 35-101.01
1. Without authority of law, appropriates the monies or any portion thereof to the person’s own use or to the use of another.
2. Knowingly loans the monies or any portion thereof.
3. Knowingly fails to keep the monies in the person’s possession until disbursed or paid by authority of law.
4. Without authority of law knowingly deposits the monies or any portion thereof in a bank, or with a banker or other person, except on special deposit for safekeeping.
5. Knowingly keeps a false account or makes a false entry or erasure in an account of or relating to the monies.
6. Alters, falsifies, conceals, destroys or obliterates such an account with an intent to defraud or deceive.
7. Knowingly refuses or omits to pay on demand public monies in the person’s custody on presentation of a draft, order or warrant, check or substitute check, or electronic funds transfer voucher drawn on such monies by competent authority.
8. Knowingly omits or refuses to transfer the monies when a transfer is required by law.
9. Knowingly transfers the monies when not authorized or directed by law.
10. Knowingly omits or refuses to pay to an officer or person authorized by law to receive the monies any monies received by the person if a duty is imposed by law to pay the monies.