Am I legally required to rent to tenants who have pending criminal charges?
Full Question:
In doing a background check on a potential tenant, I discovered two of the four students have been charged with felony embezzlement with a court date of March 2008. What is the threshold for the felony to be labled as a felony instead of a misdemeanor and what is felony embezzlement?
11/21/2007 |
Category: Criminal |
State: North Carolina |
#12684
Answer:
The following are North Carolina statutes:
§ 14-100. Obtaining property by false pretenses.
(a) If any person shall knowingly and designedly by means of any kind
of false pretense whatsoever, whether the false pretense is of a past or
subsisting fact or of a future fulfillment or event, obtain or attempt to
obtain from any person within this State any money, goods, property,
services, chose in action, or other thing of value with intent to cheat
or defraud any person of such money, goods, property, services, chose in
action or other thing of value, such person shall be guilty of a felony:
Provided, that if, on the trial of anyone indicted for such crime, it
shall be proved that he obtained the property in such manner as to amount
to larceny or embezzlement, the jury shall have submitted to them such
other felony proved; and no person tried for such felony shall be liable
to be afterwards prosecuted for larceny or embezzlement upon the same
facts: Provided, further, that it shall be sufficient in any indictment
for obtaining or attempting to obtain any such money, goods, property,
services, chose in action, or other thing of value by false pretenses to
allege that the party accused did the act with intent to defraud, without
alleging an intent to defraud any particular person, and without alleging
any ownership of the money, goods, property, services, chose in action or
other thing of value; and upon the trial of any such indictment, it shall
not be necessary to prove either an intent to defraud any particular
person or that the person to whom the false pretense was made was the
person defrauded, but it shall be sufficient to allege and prove that the
party accused made the false pretense charged with an intent to defraud.
If the value of the money, goods, property, services, chose in action, or
other thing of value is one hundred thousand dollars ($100,000) or more,
a violation of this section is a Class C felony If the value of the
money, goods, property, services, chose in action, or other thing of
value is less than one hundred thousand dollars ($100,000), a violation
of this section is a Class H felony.
(b) Evidence of nonfulfillment of a contract obligation standing alone
shall not establish the essential element of intent to defraud.
(c) For purposes of this section, "person" means person, association,
consortium, corporation, body politic, partnership, or other group,
entity, or organization.
§ 14-90. Embezzlement of property received by virtue of office or
employment.
If any person exercising a public trust or holding a public office, or
any guardian, administrator, executor, trustee, or any receiver, or any
other fiduciary, or any officer or agent of a corporation, or any agent,
consignee, clerk, bailee or servant, except persons under the age of 16
years, of any person, shall embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use, or shall take, make away
with or secrete, with intent to embezzle or fraudulently or knowingly and
willfully misapply or convert to his own use any money, goods or other
chattels, bank note, check or order for the payment of money issued by or
drawn on any bank or other corporation, or any treasury warrant, treasury
note, bond or obligation for the payment of money issued by the United
States or by any state, or any other valuable security whatsoever
belonging to any other person or corporation, unincorporated association
or organization which shall have come into his possession or under his
care, he shall be guilty of a felony. If the value of the property is one
hundred thousand dollars ($100,000) or more, the person is guilty of a
Class C felony. If the value of the property is less than one hundred
thousand dollars ($100,000), the person is guilty of a Class H felony.
§ 14-91. Embezzlement of State property by public officers and
employees.
If any officer, agent, or employee of the State, or other person having
or holding in trust for the same any bonds issued by the State, or any
security, or other property and effects of the same, shall embezzle or
knowingly and willfully misapply or convert the same to his own use, or
otherwise willfully or corruptly abuse such trust, such offender and all
persons knowingly and willfully aiding and abetting or otherwise assisting
therein shall be guilty of a felony. If the value of the property is one
hundred thousand dollars ($100,000) or more, a violation of this section
is a Class C felony. If the value of the property is less than one
hundred thousand dollars ($100,000), a violation of this section is a
Class F felony.
§ 14-92. Embezzlement of funds by public officers and trustees.
If an officer, agent, or employee of an entity listed below, or a
person having or holding money or property in trust for one of the listed
entities, shall embezzle or otherwise willfully and corruptly use or
misapply the same for any purpose other than that for which such moneys
or property is held, such person shall be guilty of a felony. If the
value of the money or property is one hundred thousand dollars ($100,000)
or more, the person is guilty of a Class C felony. If the value of the
money or property is less than one hundred thousand dollars ($100,000),
the person is guilty of a Class F felony. If any clerk of the superior
court or any sheriff, treasurer, register of deeds or other public
officer of any county, unit or agency of local government, or local board
of education shall embezzle or wrongfully convert to his own use, or
corruptly use, or shall misapply for any purpose other than that for
which the same are held, or shall fail to pay over and deliver to the
proper persons entitled to receive the same when lawfully required so to
do, any moneys, funds, securities or other property which such officer
shall have received by virtue or color of his office in trust for any
person or corporation, such officer shall be guilty of a felony. If the
value of the money, funds, securities, or other property is one hundred
thousand dollars ($100,000) or more, the person is guilty of a Class C
felony. If the value of the money, funds, securities, or other property
is less than one hundred thousand dollars ($100,000), the person is
guilty of a Class F felony. The provisions of this section shall apply to
all persons who shall go out of office and fail or neglect to account to
or deliver over to their successors in office or other persons lawfully
entitled to receive the same all such moneys, funds and securities or
property aforesaid. The following entities are protected by this section:
a county, a city or other unit or agency of local government, a local
board of education, and a penal, charitable, religious, or educational
institution.
§ 14-93. Embezzlement by treasurers of charitable and religious
organizations.
If any treasurer or other financial officer of any benevolent or
religious institution, society or congregation shall lend any of the
moneys coming into his hands to any other person or association without
the consent of the institution, association or congregation to whom such
moneys belong; or, if he shall fail to account for such moneys when
called on, he shall be guilty of a felony. If the violation of this
section involves money with a value of one hundred thousand dollars
($100,000) or more, the person is guilty of a Class C felony. If the
violation of this section involves money with a value of less than one
hundred thousand dollars ($100,000) or less, a violation of this section
is a Class H felony.
§ 14-94. Embezzlement by officers of railroad companies.
If any president, secretary, treasurer, director, engineer, agent or
other officer of any railroad company shall embezzle any moneys, bonds or
other valuable funds or securities, with which such president,
secretary, treasurer, director, engineer, agent or other officer shall be
charged by virtue of his office or agency, or shall in any way, directly
or indirectly, apply or appropriate the same for the use or benefit of
himself or any other person, state or corporation, other than the company
of which he is president, secretary, treasurer, director, engineer, agent
or other officer, for every such offense the person so offending shall be
guilty of a felony, and on conviction in the superior or criminal court
of any county through which the railroad of such company shall pass,
shall be punished as a felon. If the value of the money, bonds, or other
valuable funds or securities is one hundred thousand dollars ($100,000)
or more, a violation of this section is a Class C felony. If the value of
the money, bonds, or other valuable funds or securities is less than one
hundred thousand dollars ($100,000), a violation of this section is a
Class H felony.
§ 14-98. Embezzlement by surviving partner.
If any surviving partner shall willfully and intentionally convert any
of the property, money or effects belonging to the partnership to his own
use, and refuse to account for the same on settlement, he shall be guilty
of a felony. If the property, money, or effects has a value of one
hundred thousand dollars ($100,000) or more, a violation of this section
is a Class C felony. If the property, money, or effects has a value of
less than one hundred thousand dollars ($100,000), a violation of this
section is a Class H felony.
§ 14-99. Embezzlement of taxes by officers.
If any officer appropriates to his own use the State, county, school,
city or town taxes, he shall be guilty of embezzlement, and shall be
punished as a felon. If the value of the taxes is one hundred thousand
dollars ($100,000) or more, a violation of this section is a Class C
felony. If the value of the taxes is less than one hundred thousand
dollars ($100,000), a violation of this section is a Class F felony.
§ 14-1. Felonies and misdemeanors defined.
A felony is a crime which:
(1) Was a felony at common law;
(2) Is or may be punishable by death;
(3) Is or may be punishable by imprisonment in the State's prison; or
(4) Is denominated as a felony by statute.
Any other crime is a misdemeanor.