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  1. #1
    Join Date
    Sep 2007
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    Default Statute Of Limitations For Embezzlement in California

    Can someone tell me what the statute of limitations are to be charged for an embezzlement in CA... from the date they knew... how long do they have to press charges if they want?

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Statute Of Limitations For Embezzlement in California

    The precise statute of limitations can vary with the facts and the offense charged.
    Quote Quoting California Penal Code, Sec. 803.
    (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.

    (b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.

    (c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
    (1) Grand theft of any type, forgery, falsification of public records, or acceptance of a bribe by a public official or a public employee.

    (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

    (3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.

    (4) A violation of Section 1090 or 27443 of the Government Code.

    (5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.

    (6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.

    (7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.

    (8) A violation of Section 22430 of the Business and Professions Code.

    (9) A violation of Section 10690 of the Health and Safety Code.

    (10) A violation of Section 529a.

    (11) A violation of subdivision (d) or (e) of Section 368.
    * * *
    Quote Quoting California Penal Code, Sec. 801.5.
    Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
    For some embezzlement of public money,
    Quote Quoting California Penal Code, Sec. 799.
    Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.

    * * *

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