Calif. High Court Clarifies Intent For Section 424 Crimes

Law360, New York (August 2, 2011, 3:33 PM EDT) -- The Supreme Court of California on Monday ruled that criminal convictions under the Penal Code for misuse of public funds require knowledge of wrongdoing, clarifying the statutory burden for prosecutors in their case against the auditor of Sutter County.

The state Supreme Court elucidated the mental state element under Section 424, finding that while the misappropriation of public funds is a general intent crime, the statute requires proof that auditor-controller Robert Stark knew, or was criminally negligent in failing to know, that his alleged actions were...
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