The Misapplication of Fiduciary Property or Property of Financial Institution crime in the state of Texas gives police the right to arrest you if they believe you are a fiduciary and “misapply” property that involves substantial risk of loss for the owner or anyone who benefits off the property.

Misapplication of Fiduciary Property or Property of Financial Institution is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

Learn more detailed information about the Misapplication of Fiduciary Property or Property of Financial Institution offense below.

What is the current Texas law about Misapplication of Fiduciary Property or Property of Financial Institution?

The current Texas law defines the offense of Misapplication of Fiduciary Property or Property of Financial Institution in Penal Code Section §32.45 as follows:^[1]

(b) A person commits an offense if he intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.

How can I be charged with Misapplication of Fiduciary Property or Property of Financial Institution?

You can be charged with Misapplication of Fiduciary Property or Property of Financial Institution if the state’s attorneys believe that each of the elements of 32.45(b) as described in the section above have been met.

What is the punishment for Misapplication of Fiduciary Property or Property of Financial Institution?

If the property misapplied is less than $100 then A conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a Class C misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $500.

If the property misapplied is $100 or more but less than $750 then a conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the property misapplied is $750 or more but less than $2,500 then a conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a Class A misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If the property misapplied is $2,500 or more but less than $30,000 then a conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a State Jail Felony,^[5] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

If the property misapplied is $30,000 or more but less than $150,000 then a conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a Felony of the Third Degree,^[6] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the property misapplied is $150,000 or more but less than $300,000 then a conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a Felony of the Second Degree,^[7] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the property misapplied is $300,000 then a conviction for Misapplication of Fiduciary Property or Property of Financial Institution is punished as a Felony of the Second Degree,^[8] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.

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Legal References:

^1. Texas Penal Code §32.45^2. Texas Penal Code §32.45(c)(1)^3. Texas Penal Code §32.45(c)(2)^4. Texas Penal Code §32.45(c)(3)^5. Texas Penal Code §32.45(c)(4)^6. Texas Penal Code §32.45(c)(5)^7. Texas Penal Code §32.45(c)(6)^8. Texas Penal Code §32.45(c)(7)