Penal Code § 311.11 - Possession of Child Pornography in California
1. What is Penal Code § 311.11?
Penal Code § 311.11 Law Reads As Followed:
“Every person who fraudulently appropriates property that has been entrusted to them or comes into their possession by reason of a trust relationship with the owner is guilty of embezzlement. The appropriation must be intentional and done with the purpose of depriving the owner of their property, either temporarily or permanently.”
2. What Are Examples of Penal Code § 311.11?
Penal Code § 503 PC applies to the fraudulent appropriation of property by someone in a position of trust. Understanding real-world examples can help illustrate how this law works in practice.
1. Employee Theft from Employer
An employee who is entrusted with company funds or property may commit embezzlement if they take it for personal use.
Example:
A cashier responsible for daily deposits at a retail store takes cash from the register for personal expenses.
A restaurant manager entrusted with payroll funds transfers money to their personal account.
Even if the property is eventually returned, the intent to temporarily deprive the owner can satisfy the embezzlement statute.
2. Misuse of Client Funds
Professionals who handle client money or property can be charged under PC 503 if they use it improperly.
Example:
A financial advisor diverts client funds into their own investment account.
A real estate agent collects deposits for clients but uses the money to pay personal bills.
In these cases, the relationship of trust is critical, as the client relied on the professional to manage funds responsibly.
3. Valet or Custodial Misappropriation
Even short-term trust can lead to embezzlement charges if property is taken or used fraudulently.
Example:
A valet entrusted with parking a car sells the vehicle without the owner’s permission.
A custodian given access to valuable equipment uses it for personal profit.
4. Public Officer Misconduct
Government employees and public officers can face embezzlement charges for misusing public funds or property.
Example:
A city treasurer diverts municipal funds into a private account.
A government official misappropriates supplies meant for public programs.
This is often prosecuted alongside related statutes, such as PC 424 – Misappropriation of Public Funds.
5. Everyday Examples
A nanny entrusted with a family credit card uses it for personal shopping without consent.
A business partner takes company property, like electronics or inventory, for personal gain.
Key Takeaway
Embezzlement under PC 503 is not limited by the dollar amount of the property or the duration of the misuse. What matters is:
The property was entrusted to the individual.
There was fraudulent use or conversion of the property.
There was an intent to deprive the owner of its use.
Understanding these examples helps clarify why embezzlement charges are taken seriously in California and highlights the importance of legal defense for those accused.
3. What are Common Defenses Against Penal Code § 311.11?
Facing a charge under Penal Code § 503 PC can be serious, but there are several legal defenses that experienced criminal defense attorneys often use to protect clients. Since embezzlement requires intent, trust, and fraudulent use, challenging any of these elements can form the basis of a strong defense.
1. No Fraudulent Use of the Property
A key defense is showing that the defendant did not act fraudulently. Fraud occurs when someone takes undue advantage of a property owner or breaches a duty of trust.
Example:
An employee temporarily uses company funds to pay a vendor by mistake but intended no personal gain.
A nanny uses a family credit card to purchase a gift for the household rather than for personal benefit.
If there is no evidence that the property was used improperly or for personal benefit, the embezzlement charge may be dismissed.
2. Good Faith Belief in Ownership
Another defense is proving the defendant believed in good faith that they had a right to the property. Even if mistaken, this belief can negate criminal intent.
Example:
A bank teller pockets money believing it is owed to them as repayment of a debt, but the debt was already settled.
A business partner takes funds thinking it is part of a legitimate distribution.
Courts will examine the facts to determine whether the defendant’s belief was reasonable and sincere.
3. No Intent to Deprive the Owner
Embezzlement under PC 503 requires an intent to permanently or temporarily deprive the owner of their property. Without intent, a crime has not occurred.
Example:
A co-worker borrows office equipment as a joke and immediately returns it.
Someone is framed or has property planted on them without knowledge.
Because intent is mental and not directly observable, prosecutors must rely on circumstantial evidence. A lack of intent is often a strong defense.
4. Procedural Defenses
Sometimes, errors in the investigation or arrest can provide defenses:
Entrapment: The defendant was coerced or lured into committing an act they otherwise would not have.
Illegal search or seizure: Evidence obtained unlawfully may be excluded from trial.
Mistaken identity: Someone else committed the act, or evidence misattributes the crime to the defendant.
5. Other Factors
Restoration of property: If the property was returned before being charged, it may reduce or eliminate criminal liability.
Lack of relationship of trust: Embezzlement applies only to those entrusted with property. Ordinary employees without trust over assets may not meet this element.
our clients say it best
Client Testimonials
4. What are The Penalties for Violating Penal Code § 311.11?
Violating Penal Code § 503 PC in California is a serious offense. The penalties for embezzlement depend on the value of the property involved and whether the charge is classified as a misdemeanor or felony.
1. Petty vs. Grand Theft
Embezzlement is typically charged under theft laws, and the severity depends on the property’s value:
Petty Theft (Misdemeanor)
Property valued at $950 or less
Punishable by:
Up to 6 months in county jail
Fines up to $1,000
Probation or community service may be possible
Grand Theft (Wobbler – Misdemeanor or Felony)
Property valued at over $950, or property that is:
An automobile, or
A firearm
Punishable as a misdemeanor or felony:
Misdemeanor: Up to 1 year in county jail
Felony: 16 months, 2 years, or 3 years in state prison
2. Enhanced Penalties for Large Losses
For high-value property, felony sentences can increase under California law:
These enhanced penalties are typically applied in corporate fraud, embezzlement schemes, or large-scale financial crimes.
3. Probation and Fines
Even for felony convictions, courts may offer probation, especially for first-time offenders, along with restitution orders. Restitution requires the defendant to repay the victim for any losses.
4. Additional Consequences
Civil liability: Victims may file lawsuits to recover property or financial losses.
Employment impact: Convictions may affect professional licenses or job opportunities, particularly in finance, law, or management positions.
Immigration consequences: Non-citizens may face deportation if convicted of felony embezzlement, particularly if the crime qualifies as an aggravated felony.
5. Key Takeaway
The penalties for PC 503 embezzlement are serious and can include jail or prison time, fines, probation, and restitution. The severity depends on:
The value of the property
Whether the offense is a misdemeanor or felony
The defendant’s criminal history
Whether the property is public or private
Because embezzlement charges often carry both criminal and civil consequences, it is crucial to seek experienced legal counsel immediately to protect your rights and minimize potential penalties.
5. What Are the Related Offenses To Penal Code § 311.11?
Penal Code § 503 PC addresses embezzlement, which is the fraudulent appropriation of property by someone in a position of trust. While embezzlement is a distinct crime, California law recognizes several related offenses that involve theft, fraud, or misappropriation of property. Understanding these related offenses can help defendants, victims, and legal professionals identify the scope of potential charges.
1. Penal Code 487 PC – Grand Theft
Grand theft occurs when someone steals property valued over $950, a vehicle, or a firearm. While embezzlement involves property entrusted to the defendant, grand theft can involve any property, even if the thief had no trust relationship with the owner.
Example: Stealing electronics from a retail store would be grand theft, not embezzlement.
2. Penal Code 488 PC – Petty Theft
Petty theft applies when the stolen property is valued at $950 or less. Like grand theft, it does not require a trust relationship. However, embezzlement of small amounts could be prosecuted as petty theft if the elements of trust and fraud are not clearly established.
3. Penal Code 496(a) PC – Receiving Stolen Property
This law makes it a crime to knowingly receive, possess, or buy property stolen by someone else. While embezzlement involves theft by a trusted individual, receiving stolen property often involves a third party who benefits from the theft.
Example: A friend knowingly accepts money that a co-worker embezzled from their employer.
4. Penal Code 470 PC – Forgery
Forgery involves falsifying documents with the intent to defraud. Embezzlement cases sometimes include forged checks, invoices, or accounting records to conceal misappropriation of property.
Example: An employee alters a company invoice to divert funds to their personal account.
5. Penal Code 518 PC – Extortion
Extortion involves obtaining property through threats, force, or intimidation. While embezzlement is a non-violent theft by a trusted person, some embezzlement schemes may overlap with extortion if threats are used to secure access to property.
6. Penal Code 504 PC – Embezzlement or Misappropriation by a Public Officer
This statute is specifically for public officials who misuse government property or funds. It is a direct extension of the principles of embezzlement and applies when a person in public office misappropriates entrusted property.
7. Penal Code 424 PC – Misappropriation of Public Funds
Similar to PC 504, this law applies to theft of government money. Public employees or contractors who divert funds for personal gain can face charges under this statute in addition to PC 503.
8. Penal Code 67 PC – Bribery of an Executive Officer
While not theft in the traditional sense, bribery is often associated with embezzlement in corporate or public office contexts, especially when property or funds are exchanged improperly for favors or influence.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
function myFunction() { document.getElementById("text").innerHTML = "Facing criminal charges can be overwhelming. It is our job to make the process as clear as possible and lessen the burden on you. Although achieving success is a team effort, we work for you and do not consider the job done until the results bring peace to you and your loved ones."; document.getElementById("btn").style.display = "none"; }
You Are More Than What They Say
function myFunction1() { document.getElementById("text1").innerHTML = "Human beings are much more than what the prosecution may accuse them of. The prosecution sees over 100 criminal defendants in a day. Our clients must stand out among the rest. To do that, our firm creates mitigation packets to give to the prosecutor and the court. Your version of events, our legal analysis, evidence that can support our defense, letters of character, community engagement, and much more is included in this mitigation packet. We have effectively changed the way the prosecution works with clients who come from Grace Legal Group."; document.getElementById("btn1").style.display = "none";}
We Always Go The Extra Mile
function myFunction11() { document.getElementById("text11").innerHTML = "The police are not perfect. So to combat this, our investigative team of former law enforcement examines and reviews every aspect of the case leaning on every ounce of their prior experience. This allows for a thorough analysis of Strengths, Weaknesses, Opportunities, and Threats. Legal Motions are regularly drafted and submitted throughout the process to hold both the police and the prosecutor accountable. The Constitution must be upheld in other courts."; document.getElementById("btn11").style.display = "none"; }