Sec. 11.46.210. Theft by failure to make required disposition of funds received or held.
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Sec. 11.46.210. Theft by failure to make required disposition of funds received or held.
(a)A person commits theft by failure to make required disposition of funds received or held if the person
(1)obtains property from anyone or personal services from an employee upon an agreement or subject to a known legal obligation to make specified payment or other disposition to a third person, whether from that property or its proceeds or from the person's own property to be reserved in equivalent amount; and
(2)exercises control over the property or services as the person's own and fails to make the required payment or disposition.
(b)It is not a defense to a prosecution based on theft by failure to make required disposition of funds received or held that it may be impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition.
(c)In a prosecution based on theft by failure to make required disposition of funds received or held, the fact that the defendant was a fiduciary or an officer or employee of a government or a financial institution is prima facie evidence
(1)that the defendant exercised control over property or services as the defendant's own if the defendant failed to pay or account upon lawful demand or if an audit reveals a shortage or falsification of accounts; and
(2)that the defendant knew any legal obligation relevant under (a)(1) of this section.