Delaware Embezzlement Laws: Theft by Conversion, Forgery, Penalties

Delaware's Criminal Code has no offense named embezzlement. A person who "in any capacity, legally receives" another person's property and "fraudulently converts" it to his or her own use commits theft under 11 Del. C. 841(a)(3), a class A misdemeanor unless the aggregate value is more than $1,500 (class G felony), with higher felony classes above $50,000 and at $100,000.

Theft from a victim who is 62 or older, an impaired adult or a person with a disability is a class G felony at any value. A bailee's misapplication of property (848) is a separate offense, and a public servant who abuses the office can face official misconduct (1211). Forgery under 11 Del. C. 861 is graded by the kind of instrument, from a class A misdemeanor to a class F felony. For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Delaware Code provisions on theft by fraudulent conversion and its grading (11 Del. C. 841, 841E, 841F, 855, 857), misapplication of property and theft of rented property (848, 849), forgery and related offenses (861, 862, 863, 871, 873, 876, 877, 878, 909), bad checks and payment cards (900, 903), official misconduct (1211), the office bars in Article II, Section 21 of the Delaware Constitution and 11 Del. C. 4364, the removal rule in Article XV, Section 6, exploitation of impaired or incapacitated adults (31 Del. C. 3913), sentencing (4205, 4206, 4214) and time limits (205). It does not cover the full theft value rules for every kind of property (see Delaware theft laws), identity theft, scams and victim reporting, federal offenses, civil lawsuits or local ordinances.

What is embezzlement in Delaware?

Delaware folds embezzlement into its single theft offense. Section 841(a) lists three ways to commit theft:

"(a) A person is guilty of theft when the person does any of the following: (1) Takes, exercises control over, or obtains property of another person intending to deprive that person of it or appropriate it. (2) Commits an act described in §§ 841A through 846 of this title. (3) In any capacity, legally receives, takes, exercises control over, or obtains property of another which is the subject of theft, and fraudulently converts the property of another to the person's own use."

Clause (a)(3) is the embezzlement clause. It starts with lawful possession, received "in any capacity," and is completed by fraudulent conversion to the person's own use. That is the difference from clause (a)(1), which reaches someone who takes or obtains property intending to deprive the owner of it in the first place.

"Property" for these sections "means anything of value except land," and includes "documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action" and "virtual currency," among other things (857(6)).

The phrase "embezzlement of the public money" does appear in Delaware law, but as a ground for disqualification from office, not as the name of a criminal offense. Those office rules are covered below.

Is embezzlement a felony in Delaware?

Yes, when the aggregate value is more than $1,500, and at any value when the victim is 62 or older, an impaired adult or a person with a disability. Section 841(c) provides:

"(1) Theft is a class A misdemeanor, unless a victim is 62 years of age or older, or an "adult who is impaired" as defined in § 3902 of Title 31, or a "person with a disability" as defined in § 3901(a)(2) of Title 12, in which case theft is a class G felony."

"(3) Notwithstanding paragraph (c)(1) of this section, where the aggregate value of the property received, retained, or disposed of in a single, distinct act of theft or in a single course of conduct comprising multiple related thefts is: a. More than $1,500, theft is a class G felony. b. More than $1,500, and a victim is 62 years of age or older, or an "adult who is impaired" as defined in § 3902 of Title 31, or a "person with a disability" as defined in § 3901(a)(2) of Title 12, theft is a class F felony. c. More than $50,000 but less than $100,000, theft is a class D felony. d. $100,000 or more, theft is a class B felony."

Because each felony tier now starts at "more than" a figure, a theft of exactly $1,500 is a class A misdemeanor (or a class G felony with a protected victim). On sentencing, "the sentencing judge shall require full restitution to the victim for any monetary losses suffered" (841(d)). For how other kinds of theft are graded, see Delaware theft laws.

Combining a series of thefts

Two provisions allow repeated takings to be charged by their total value. Section 841(e) defines the "course of conduct" used in 841(c)(3):

"(1) A pattern of actions composed of more than 1 act over a period of time, evidencing a singular continuity of purpose as assessed through the factors of timing, location, and intent. (2) A larcenous scheme or plan which constitutes a continuous transaction."

Section 855(c) adds: "When theft or any related offense is committed in violation of this title pursuant to 1 scheme or continuous course of conduct, whether from the same or several sources, the conduct may be considered as 1 offense and the value of the property or services aggregated in determining whether the theft is a felony or misdemeanor. For purposes of this subsection, related offenses shall include, but are not limited to, violations of §§ 861, 900 and 903 of this title." Those are forgery, bad checks and unlawful use of a payment card.

Misapplication, rented property and gift cards

• Misapplication of property (848). "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." It "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."
• Theft of rented property (849). "Theft of rented property is a class A misdemeanor, unless the value of the property is $1,500 or more, in which case it is a class G felony."
• Gift card theft (841E). Acquiring or keeping a gift card or its redemption information without consent, altering a card, or using one obtained that way, with intent to defraud, is gift card theft, and "Gift card theft is punishable under § 841(c) and (d) of this title."

Note the different thresholds: misapplication and rented-property theft become felonies at "$1,500 or more," while theft under 841 needs "more than $1,500."

Older victims and vulnerable adults

Delaware raises the grade in several places when the victim is older or vulnerable:

• Theft (841(c)). As quoted above, theft from a victim who is 62 or older, an "adult who is impaired" (31 Del. C. 3902) or a "person with a disability" (12 Del. C. 3901(a)(2)) is a class G felony at any value and a class F felony above $1,500.
• Exploitation of an impaired or incapacitated adult (31 Del. C. 3913). "A person who knowingly or recklessly exploits an adult who is impaired or an adult who is incapacitated by using the resources of the adult is guilty of the following: (1) A class A misdemeanor if the value of the resources is less than $500. (2) A class G felony if the value of the resources is $500 or more but less than $5,000. (3) A class E felony if the value of the resources is $5,000 or more but less than $10,000. (4) A class D felony if the value of the resources is $10,000 or more but less than $50,000. (5) A class C felony if the value of the resources is $50,000 or more." A subsequent conviction is a class C felony.
• Theft by impersonation of a family member (841F). Added in 2026, this offense applies when a thief who is not a family member uses a communication represented to be from the victim's immediate family member (such as a spouse, child, sibling, parent, grandparent or grandchild, including step and adoptive relations) to carry out the theft. It is a class F felony; with a victim who is 62 or older, impaired or disabled, it is a class E felony at $1,500 or more; above $50,000 but under $100,000 it is a class C felony; and at $100,000 or more it is a class B felony.
• Unlawful use of a payment card (903). "Where the victim of any violation of this section is a person 62 years of age or older, unlawful use of a payment card is a class G felony unless the value of the money, goods, services, or anything of value secured or sought to be secured by means of the payment card is $1,500 or more, in which case it is a class F felony."

For warning signs and reporting, see our guide to elder financial exploitation.

Public servants, public money and public office

Official misconduct (1211)

Title 11's public-administration subchapter has no separate offense for embezzlement of public funds. A public servant can face theft under 841 and official misconduct under 1211, which applies to a public servant who, "intending to obtain a personal benefit or to cause harm to another person," knowingly commits an unauthorized act, breaches a duty, acts to benefit the servant's own financial interests, discriminates, or "Uses or relies on the public servant's position of trust or authority to engage in criminal conduct."

The grade depends on which act is involved and on the value: "(1) For a violation of paragraph (a)(1) or (a)(2) of this section, a class A misdemeanor. (2) For a violation of paragraph (a)(3), (a)(4), or (a)(5) of this section, a class G felony." The sentence is then enhanced "for a violation of paragraphs (a)(1) through (a)(5)" to a class F felony "if the value of the personal benefit received, or the harm caused, is $1,500 or more, but less than $50,000," a class D felony at $50,000 or more but less than $100,000, and a class B felony at $100,000 or more (1211(b)). The same subsection also enhances by the crime the servant commits: a class D felony when the conduct is "an offense that is punishable as a class G felony, a class F felony, or a class E felony"; "One grade higher than the underlying offense" for a class D or class C felony; and "A class A felony, if the public servant engages in conduct constituting an offense that is punishable as a class B felony or a class A felony" (1211(b)(3)e-g). A class A felony carries not less than 15 years up to life at Level V (4205(b)(1)).

The office bar, even after a pardon

Article II, Section 21 of the Delaware Constitution provides: "No person who shall be convicted of embezzlement of the public money, bribery, perjury, or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor, or profit under this State." Article XV, Section 6 adds that the Governor "shall remove from office any public officer convicted of misbehavior in office or of any infamous crime."

A pardon does not lift that bar. Under 11 Del. C. 4364: "Notwithstanding the granting of a pardon or any provision of this section, no person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State."

Forgery in Delaware

What counts as forgery

Delaware's forgery section covers altering, making, issuing and possessing in one offense; there is no separately named "uttering" offense. Under 861(a), "A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person:

• (1) Alters any written instrument of another person without the other person's authority; or
• (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or
• (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery."

A "written instrument" is "any instrument or article containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification" (863).

Three degrees, set by the instrument

• First degree, class F felony. Forged government money, stamps or securities, or corporate stock or bonds (861(b)(1)).
• Second degree, class G felony. The instrument "is or purports to be any of the following: a. A deed, will, codicil, contract, release, assignment, commercial instrument, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status." The second degree also covers public records, government-issued instruments, tokens or tickets, and physician prescriptions. A forged check is a class G felony at any amount.
• Third degree, class A misdemeanor. "All other forgery is forgery in the third degree, a class A misdemeanor" (861(b)(3)).
• Vaccine records. A first offense involving a single forged vaccination record is a class A misdemeanor; otherwise it is a class G felony (861(b)(4)).

The court must also order restitution for forgery (861(c)).

Forgery devices

"Possession of forgery devices is a class G felony." A person commits it by making or possessing, "with knowledge of its character and intending to use it unlawfully," any plate, die or other device "specifically designed for use in counterfeiting or otherwise forging written instruments," or by making or possessing any device "capable of or adaptable to use for purposes of forgery, intending to use it unlawfully" (862).

Readers dealing with a forged or altered check as victims can start with our guide to mail theft and check washing.

Public records, false documents and bad checks

• Tampering with public records in the first degree (876), class E felony. A person commits it "when, with intent to defraud, and knowing that the person does not have the authority of anyone entitled to grant it, the person knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in or otherwise constituting a record of a public office or public servant."
• Tampering with public records in the second degree (873), class A misdemeanor.
• Falsifying business records (871), class A misdemeanor.
• Offering a false instrument for filing (877), class A misdemeanor.
• Issuing a false certificate (878), class G felony, for a public servant who issues an official instrument knowing it is false, with intent to defraud.
• Securing execution of documents by deception (909), class A misdemeanor.
• Issuing a bad check (900). "Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony."

Identity theft under 11 Del. C. 854 is a class D felony; see Delaware identity theft laws for that offense. If you were the target of a fraud scheme, our Delaware scam and fraud laws guide explains where to report it.

Delaware embezzlement and forgery offenses at a glance

For the full Delaware class table, see Delaware felony and misdemeanor classes.

Sentencing ranges, probation and prior felonies

The felony ranges come from 11 Del. C. 4205(b): "(2) For a class B felony not less than 2 years up to 25 years to be served at Level V. (3) For a class C felony up to 15 years to be served at Level V. (4) For a class D felony up to 8 years to be served at Level V. (5) For a class E felony up to 5 years to be served at Level V. (6) For a class F felony up to 3 years to be served at Level V. (7) For a class G felony up to 2 years to be served at Level V." Misdemeanors are set by 4206: "The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate," and a class B misdemeanor carries up to 6 months and $1,150.

These are maximums, apart from the class A and class B minimums. Section 4205 sets no dollar cap for felony fines: "In addition to the penalties set forth above, the court may impose such fines and penalties as it deems appropriate" (4205(k)). Under 4205(e), "Where no minimum sentence is required by subsection (b) of this section, or with regard to any sentence in excess of the minimum required sentence, the court may suspend that part of the sentence for probation or any other punishment set forth in § 4204 of this title."

Prior felonies can raise the range sharply. Under 4214(a), a person "who has been 3 times convicted of any felony under the laws of this State, and/or any other state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony is declared to be an habitual criminal. The court, upon the State's petition, shall impose the applicable minimum sentence pursuant to subsection (b), (c) or (d) of this section and may, in its discretion, impose a sentence of up to life imprisonment." For a non-violent new felony, the sentence may not be less than that felony's own minimum; if the new felony is the person's first Title 11 violent felony, the minimum is half the statutory maximum (4214(b)), and it is the full statutory maximum when a prior conviction was also a violent felony (4214(c), (d)).

Time limits for prosecution

Under 11 Del. C. 205(b), a prosecution generally must begin within 5 years for a felony (other than murder or a class A felony), 3 years for a class A misdemeanor, and 2 years for class B, class C and unclassified misdemeanors and violations. Two extensions matter here:

"(c) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in which the accused's acts include or constitute forgery, fraud, breach of fiduciary duty or actively concealed theft or misapplication of property by an employee, pledgee, bailee or fiduciary may be commenced within 2 years after discovery of the offense has been made or should have been made in the exercise of ordinary diligence by an aggrieved party or by an authorized agent, fiduciary, guardian, personal representative or parent (in the case of an infant) of an aggrieved party who is not a party to the offense. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section."

"(d) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced at any time when the defendant is in public office or employment or within 2 years thereafter. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section."

When an offense is a continuing course of conduct, it is committed when the course of conduct ends (205(f)). The period does not run while the accused is fleeing or hiding from justice, has become a fugitive by failing to appear, or faces a pending prosecution in Delaware for the same conduct (205(h)), and a class A felony may be prosecuted at any time (205(a)). For civil filing deadlines, see Delaware statute of limitations.

Recent changes

• September 14, 2026: theft aggregation (85 Del. Laws c. 502, House Substitute 1 for HB 276). The act, signed and effective September 14, 2026, rewrote 841(c). It placed the phrase "a single, distinct act of theft or in a single course of conduct comprising multiple related thefts" into the felony tiers, added the definition of "course of conduct" in 841(e), and moved the protected-victim rule so that it now sits in 841(c)(1) (class G at any value) and 841(c)(3)b (class F over $1,500). It also moved the class G and protected-victim class F thresholds from "$1,500 or more" to "More than $1,500", so under the earlier text a theft of exactly $1,500 was a class G felony (class F with a protected victim). The synopsis explains that it "restructures the statute to place the additional language regarding a course of conduct in the operative language regarding what must be shown in order to elevate the penalty for higher dollar value thefts." The act contains no savings or applicability clause.
• September 14, 2026: theft by impersonation of a family member (85 Del. Laws c. 499, HB 326). Signed and effective September 14, 2026, this act added 11 Del. C. 841F, described above.

Federal law separately reaches embezzlement from banks and federal programs and mail or wire fraud schemes; those offenses are covered on our embezzlement and forgery laws by state hub.

Related pages

• Embezzlement and forgery laws by state
• Delaware theft laws
• Delaware felony and misdemeanor classes
• Delaware scam and fraud laws
• Delaware statute of limitations

This article provides general legal information about Delaware law and is not legal advice. For advice about a specific situation, contact a lawyer licensed in Delaware.

Last updated: 2026-10-18.

Frequently Asked Questions

Is embezzlement a felony in Delaware?

It is theft under 11 Del. C. 841(a)(3), a class G felony when the aggregate value is more than $1,500 and a class A misdemeanor below that. Theft from a victim 62 or older, an impaired adult or a person with a disability is a class G felony at any value (841(c)).

What is the penalty for embezzlement in Delaware?

Up to 2 years at Level V for a class G felony, up to 8 years for class D (over $50,000 to under $100,000) and 2 to 25 years for class B ($100,000 or more) (4205(b)). The court must order full restitution (841(d)), and the court may suspend time above any required minimum for probation (4205(e)).

How is embezzlement different from theft in Delaware?

Both are theft under 841. Clause (a)(1) covers taking property intending to deprive the owner, while clause (a)(3) covers a person who legally receives property in any capacity and then fraudulently converts it to his or her own use.

Can a public official convicted of embezzlement hold office in Delaware?

No. Article II, Section 21 of the Delaware Constitution bars anyone convicted of embezzlement of the public money from the General Assembly and from any office of trust, honor or profit, and 11 Del. C. 4364 keeps that bar in place notwithstanding a pardon.

Is forgery a felony in Delaware?

Usually. First-degree forgery (government money, securities, corporate stock or bonds) is a class F felony, second-degree forgery (checks, deeds, wills, contracts, public records, prescriptions) is a class G felony, and all other forgery is a class A misdemeanor (11 Del. C. 861).

Is signing someone else’s name on a check forgery in Delaware?

Under 861(a)(2), forgery includes making or issuing a written instrument that purports to be the act of another person who did not authorize it, when done intending to defraud, deceive or injure. A check falls in the second degree, a class G felony.

Is there a statute of limitations for embezzlement in Delaware?

Generally 5 years for a felony and 3 years for a class A misdemeanor (11 Del. C. 205(b)). After that, forgery, breach of fiduciary duty or actively concealed theft by an employee, bailee or fiduciary may be prosecuted within 2 years after discovery, but no more than 3 years beyond the ordinary period (205(c)).