A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that it will be returned to the owner at a future time, the person sells, loans, leases, pledges, pawns or otherwise encumbers the property without the consent of the owner thereof in such a manner as to create a risk that the owner will be unable to recover it or will suffer pecuniary loss.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class G felonyup to 2 years
Class A misdemeanorup to 1 yearup to $2,300
For details, see Del. Code Ann.tit. 11, § 4205 and Del. Code Ann.tit. 11, § 4206

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Terms Used In Delaware Code Title 11 Sec. 848

  • Personal property: All property that is not real property.

Misapplication of property is a class A misdemeanor, unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony.

11 Del. C. 1953, § ?848; 58 Del. Laws, c. 497, § ?1; 60 Del. Laws, c. 590, § ?3; 65 Del. Laws, c. 497, § ?4; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 211, § ?4; 77 Del. Laws, c. 133, § ?4;