penalty; prima facie proof of intent; enhanced sentence based on prior convictions;
consecutive sentence; conditions; definitions.
Sec. 174.
(1) A person who as the agent, servant, or employee of another person, governmental entity
within this state, or other legal entity or who as the trustee, bailee, or custodian of the property
of another person, governmental entity within this state, or other legal entity fraudulently
disposes of or converts to his or her own use, or takes or secretes with the intent to convert to
his or her own use without the consent of his or her principal, any money or other personal
property of his or her principal that has come to that person's possession or that is under his or
her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee,
or custodian, is guilty of embezzlement.
(2) If the money or other personal property embezzled has a value of less than $200.00, the
person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a
fine of not more than $500.00 or 3 times the value of the money or property embezzled,
whichever is greater, or both imprisonment and a fine.
(3) If any of the following apply, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the
value of the money or other property embezzled, whichever is greater, or both imprisonment
and a fine:
(a) The money or other personal property embezzled has a value of $200.00 or more but less
than $1,000.00.
(b) The person violates subsection (2) and has 1 or more prior convictions for committing or
attempting to commit an offense under this section or a local ordinance substantially
corresponding to this section.
(c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable
organization under federal law or the laws of this state.
(4) If any of the following apply, the person is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the
value of the money or other property embezzled, whichever is greater, or both imprisonment
and a fine:
(a) The money or other personal property embezzled has a value of $1,000.00 or more but
less than $20,000.00.
(b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for
committing or attempting to commit an offense under this section. For purposes of this
subdivision, however, a prior conviction does not include a conviction for a violation or
attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or
charitable organization under federal law or the laws of this state.
(5) If any of the following apply, the person is guilty of a felony punishable by
imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the
value of the money or other property embezzled, whichever is greater, or both imprisonment
and a fine:
Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026 Page 148 of 465 Courtesy of legislature.mi.gov
(a) The money or other personal property embezzled has a value of $20,000.00 or more but
less than $50,000.00.
(b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for
committing or attempting to commit an offense under this section. For purposes of this
subdivision, however, a prior conviction does not include a conviction for a violation or
attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or
charitable organization under federal law or the laws of this state.
(6) If the money or other personal property embezzled has a value of $50,000.00 or more
but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not
more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or
property embezzled, whichever is greater, or both imprisonment and a fine.
(7) If the money or other personal property embezzled has a value of $100,000.00 or more,
the person is guilty of a felony punishable by imprisonment for not more than 20 years or a
fine of not more than $50,000.00 or 3 times the value of the money or property embezzled,
whichever is greater, or both imprisonment and a fine.
(8) Except as otherwise provided in this subsection, the values of money or other personal
property embezzled 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. If the scheme or course of conduct is directed against only 1 person,
governmental entity within this state, or other legal entity, no time limit applies to aggregation
under this subsection.
(9) If the prosecuting attorney intends to seek an enhanced sentence based upon the
defendant having 1 or more prior convictions, the prosecuting attorney shall include on the
complaint and information a statement listing the prior conviction or convictions. The
existence of the defendant's prior conviction or convictions must be determined by the court,
without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The
existence of a prior conviction may be established by any evidence relevant for that purpose,
including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(10) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant,
employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the
money or property entrusted to his or her care upon demand is prima facie proof of intent to
embezzle.
(11) If the sentence for a conviction under this section is enhanced by 1 or more prior
convictions, those prior convictions must not be used to further enhance the sentence for the
conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927
PA 175, MCL 769.10, 769.11, and 769.12.
(12) The court may order a term of imprisonment imposed for a felony violation of this
section to be served consecutively to any term of imprisonment imposed for any other criminal
offense if the victim of the violation of this section was any of the following:
(a) A nonprofit corporation or charitable organization under federal law or the laws of this
state.
(b) A person 60 years of age or older.
(c) A vulnerable adult as defined in section 174a.
Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026 Page 149 of 465 Courtesy of legislature.mi.gov
(13) As used in this section:
(a) "Cryptocurrency" means digital currency in which encryption techniques are used to
regulate the generation of units of currency and verify the transfer of funds, and that operates
independently of a central bank.
(b) "Money or other personal property" includes cryptocurrency.§ 750.174Embezzlement by agent, servant, or employee, or trustee, bailee, or custodian;
en · 7,640 chars · active
Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.