(A) An agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or another person who receives or collects in any manner money or other personal property that is partly the property of another person, governmental entity within the township, or other legal entity and partly the property of the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person shall not embezzle, fraudulently dispose of, convert to his or her own use, or take or secrete with intent to embezzle or convert to his or her own use the money or personal property without the consent of the part owner of the money or personal property.
(B) If the money or person property embezzled, disposed of, converted, taken, or secreted has a value of less than $200, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the value of the money or property embezzled, disposed of, converted, taken, or secreted, whichever is greater, or both imprisonment and a fine.
(C) Except as otherwise provided in this division, the values of money or property embezzled, disposed of, converted, taken, or secreted in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property embezzled, dispose of, converted, taken, or secreted. If the scheme or course of conduct is directed against only one person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this section.
(D) In a prosecution under this section, it is not a defense that the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person was entitled to a compensation out of the money or person property as compensation for collecting or receiving it for its owner, but it is not embezzlement by the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person to retain his or her reasonable collection fee on the collection or any other valid interest he or she has in the money or personal property.
(E) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person to pay, deliver, or refund to the proper person the money or personal property entrusted to him or her care, upon demand, is prima facie proof of intent to embezzle.
(Ord. 99-041, passed 2-28-00) Penalty, see § 130.99