California Penal Code Sections
424, 425
(obtained from California Legislature website on March 22,
2006)
424. (a) Each officer of this
state, or of any county, city, town,
or district of this state, and every other person charged with
the
receipt, safekeeping, transfer, or disbursement of public moneys,
who
either: 1. Without authority of law, appropriates the same,
or
any portion thereof, to his or her own use, or to the use of
another;
or, 2. Loans the same or any portion thereof; makes any profit
out
of, or uses the same for any purpose not authorized by law;
or, 3.
Knowingly keeps any false account, or makes any false entry
or
erasure in any account of or relating to the same; or, 4.
Fraudulently alters, falsifies, conceals, destroys, or obliterates
any account; or, 5. Willfully refuses or omits to pay over,
on
demand, any public moneys in his or her hands, upon the presentation
of a draft, order, or warrant drawn upon these moneys by competent
authority; or, 6. Willfully omits to transfer the same, when
transfer is required by law; or, 7. Willfully omits or refuses
to
pay over to any officer or person authorized by law to receive
the
same, any money received by him or her under any duty imposed
by law
so to pay over the same;-- Is punishable by imprisonment in
the state
prison for two, three, or four years, and is disqualified from
holding any office in this state.
(b) As used in this section, "public moneys" includes
the proceeds
derived from the sale of bonds or other evidence or indebtedness
authorized by the legislative body of any city, county, district,
or
public agency.
(c) This section does not apply to the incidental and minimal
use
of public resources authorized by Section 8314 of the Government
Code.
425. Every officer charged with the receipt, safe keeping, or
disbursement of public moneys, who neglects or fails to keep
and pay
over the same in the manner prescribed by law, is guilty of
felony.