Rhode Island Embezzlement and Forgery Laws: Penalties (2026)

Rhode Island keeps embezzlement as its own named crime. Under R.I. Gen. Laws 11-41-3, an employee, agent, financial-institution official, court-appointed or written-instrument fiduciary, or anyone else entrusted with money or property who embezzles or fraudulently converts it (or a commission collector who fraudulently keeps more than the commission) is "deemed guilty of larceny" and faces up to 20 years in prison and a fine of up to $50,000 or three times the value taken, whichever is greater; a lower one-year penalty applies only when the amount is under $100.

Public officers and employees (11-41-27), bank staff (11-41-11, and 19-9-23 for regulated institutions and insurers) and people who misuse money entrusted for a particular purpose (11-41-11.1) have their own sections with similar ceilings. Forgery and uttering a forged writing share one section, 11-17-1, punishable by up to 10 years, and Rhode Island has no statute of limitations for forgery. 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 Rhode Island General Laws on embezzlement and related conversion offenses (11-41-3, 11-41-11, 11-41-11.1, 11-41-12, 11-41-13, 11-41-27), how they relate to the larceny penalty section (11-41-5), the charging rule in 12-12-14 and the habitual-offender sections (11-41-24, 12-19-21), regulated-institution and insurance insiders (19-9-23), public money held by officers (11-28-1, 11-28-2), public pension consequences (11-41-31, 36-10.1-2 through 36-10.1-4), the constitutional office-holding bar (R.I. Const. art. III, sec. 2), exploitation of an elder person (11-68-2, 11-68-3), the forgery and counterfeiting sections 11-17-1 through 11-17-5, 11-17-7 through 11-17-10 and 11-17-13, several related false-document offenses in chapter 11-18, the felony definition (11-1-2), sentencing and restitution (12-19-8, 12-19-32) and time limits (12-12-17). It does not cover the full larceny value table (see Rhode Island larceny laws), identity theft, scams and victim reporting, federal offenses, civil lawsuits or local ordinances.

What is embezzlement in Rhode Island?

Embezzlement is a separate offense in Rhode Island, not just a way of committing larceny. Section 11-41-3, titled "Embezzlement and fraudulent conversion," reaches three groups of entrusted people, plus commission collectors (below):

• "Every official of a financial institution";
• "every officer, agent, clerk, servant, or other person to whom any money or other property shall be entrusted for any specific purpose"; and
• "every person acting as executor, administrator, conservator, guardian, receiver, assignee, custodian, or trustee appointed by order, decree or judgment of court, or by deed, will or other instrument in writing."

The offense is committed by anyone in those groups "who shall embezzle or fraudulently convert to his or her own use, or who shall take or secrete, with intent to embezzle or fraudulently convert to his or her own use, any money or other property which shall have come into his or her possession or shall be under his or her care or charge by virtue of his or her employment or for that specific purpose or by virtue of his or her acting as executor, administrator, guardian, conservator, receiver, assignee, custodian, or trustee."

The section also covers "every person who shall collect or receive money or property from another for a commission to be retained out of the money or other property so collected or received, and who shall fraudulently retain out of that money or property so collected or received more than the amount of the commission, and shall embezzle or fraudulently convert it to his or her own use, or shall take or secrete it with intent to embezzle or fraudulently to convert the same to his or her own use."

Two features stand out. First, the property must have come to the person through the employment, the specific purpose or the fiduciary role; that entrustment is what separates 11-41-3 from ordinary larceny. Second, taking or hiding the property "with intent to embezzle" is itself covered, alongside the embezzlement or conversion.

How embezzlement differs from larceny in Rhode Island

The biggest practical difference is the penalty. The larceny penalty section, 11-41-5, grades offenses under "11-41-1 - 11-41-6, except 11-41-3" by the value taken. Embezzlement is expressly left out of that table and carries its own flat ceiling instead.

Under 11-41-5(a), larceny becomes a felony only when the value "exceeds one thousand five hundred dollars ($1,500)," and the highest larceny tier, for value over $10,000, is punishable by up to 10 years or a fine of up to $5,000. Embezzlement under 11-41-3 carries up to 20 years and the larger fine at $100 or more. For every larceny tier, see Rhode Island larceny laws.

Is embezzlement a felony in Rhode Island?

Yes, when the amount is $100 or more. Section 11-41-3 provides that the person "shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property thus embezzled or converted, whichever is greater, or imprisoned not more than twenty (20) years, or both, except that if the sum or value of the property embezzled is less than one hundred dollars ($100), he or she shall be fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both."

Section 11-1-2 sorts offenses by their maximum: "Unless otherwise provided, any criminal offense which at any given time may be punished by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars ($1,000), is declared to be a felony," and an offense punishable by no more than one year or a fine of no more than $1,000 is a misdemeanor. So embezzlement of $100 or more is a felony, and embezzlement under $100 is a misdemeanor-level offense.

Section 11-41-3 has no aggregation clause and no value tiers above $100. A procedure section, 12-12-14, provides that in prosecutions under 11-41-3, 11-41-4 and 11-41-11 "it shall be sufficient to allege generally in the indictment, information, or complaint a stealing of money to a certain amount, or property of a certain value, without specifying any particulars of the stealing." The 20-year term and the fine are statutory maximums, not fixed sentences.

Victims 65 and older

The larceny section's age enhancement does not reach embezzlement. Section 11-41-5(b) raises the penalty for "an offense in violation of 11-41-1 - 11-41-7, except 11-41-3, that involves a victim who is a person sixty-five (65) years of age or older" when the value is over $500, to "not less than two (2) years but not more than fifteen (15) years" or a fine of up to $5,000. Embezzlement from an older person can instead fall under the separate elder-exploitation chapter described below.

Theft from a campaign account

Section 11-41-5(c) adds a rule for an elected official or candidate convicted of violating 11-41-1, 11-41-2, 11-41-3 or 11-41-4 "where the theft is a campaign account created, pursuant to title 17, for the benefit of the person so convicted": "all restitution shall be deposited into the Rhode Island crime victim compensation program fund and not into the campaign account of that person convicted of the offense."

Public officers, public money and public pensions

Wrongful conversion by a state or municipal officer or employee (11-41-27)

Section 11-41-27 applies to "Whoever, being an officer or employee of the state of Rhode Island, or any department, agency, instrumentality or political subdivision of the state, or any city or town, embezzles or wrongfully converts to his or her own use or benefit, or to the use or benefit of any other, any money or property which comes into his or her possession or control in the execution of that office or employment."

The penalty matches 11-41-3: a fine of up to $50,000 or three times the value, whichever is greater, or up to 20 years, or both; if the amount is under $100, up to $1,000 or up to one year, or both. Note that the public-employee section also reaches conversion "to the use or benefit of any other," not only to the employee's own use.

The state constitution adds an office-holding rule. Under R.I. Const. art. III, sec. 2, "An elector shall be disqualified as a candidate for elective or appointive state or local office or from holding such office if such elector has been convicted of or plead nolo contendere to a felony," or to a misdemeanor resulting in a jail sentence of six months or more, and "shall not, once so convicted, attain or return to any office until three years after the date of completion of such sentence and of probation or parole."

Failing to pay over state money (11-28-1 and 11-28-2)

Section 11-28-1 covers "every officer or other person" who receives or holds state money and does not pay it to the general treasurer within seven business days: "Every person who shall, without just cause, neglect or refuse to pay over that money, shall be fined not exceeding five hundred dollars ($500) or be imprisoned not exceeding five (5) years." Because the prison term exceeds one year, that offense is a felony under 11-1-2.

A separate rule covers fines collected by officials. "Every judicial, executive, or ministerial officer who shall refuse or neglect for three (3) months to pay over any fine, forfeiture, or penalty" to the proper officer "shall be fined three (3) times the value or amount of the fine, forfeiture, or penalty that was withheld or not paid over" (11-28-2).

Public pension consequences (11-41-31 and chapter 36-10.1)

The sentencing judge can address pension consequences first. For a public official or public employee convicted of, or pleading guilty or nolo contendere to, a crime related to public office or public employment, "the judge, as part of any sentence imposed, may revoke or reduce any retirement or any benefit or payment to which the public official or public employee is otherwise entitled" under the listed retirement titles and chapters (11-41-31). The definition of a crime related to public office or public employment begins with "(1) The committing, aiding, or abetting of an embezzlement of public funds;" and continues: "(2) The committing, aiding, or abetting of any felonious theft by a public officer or employee from his or her employer; (3) Bribery in connection with employment of a public officer or employee; and (4) The committing of any felony by a public officer or employee who, willfully and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position" (36-10.1-2(a)).

The Public Employee Pension Revocation and Reduction Act states that covered benefits "shall be revoked or reduced, in accordance with the provisions of this chapter, or § 11-41-31" if, after January 1, 1993, the public official or employee is convicted of or pleads guilty or nolo contendere to such a crime (36-10.1-3(a)). If the judge in the criminal case makes no finding under 11-41-31, the retirement board "shall" start a civil action in the superior court, which decides whether benefits should be revoked or reduced and by how much after weighing listed factors, including the severity of the crime and the monetary loss (36-10.1-3(b) and (c)).

A person whose benefits are revoked is entitled to a return of contributions without interest (a pro rata portion if benefits are reduced), but no return is paid until any restitution judgment or order for losses from the crime is satisfied in full (36-10.1-4).

Banks, entrusted money and agents

• Embezzlement by a bank officer or employee (11-41-11). "Every officer, agent, or servant of any bank, savings bank, or trust company who shall embezzle or appropriate to his or her own use any moneys, goods, effects, or funds of any bank, savings bank or trust company with intent to cheat or defraud it or any person, shall be deemed guilty of larceny, and shall be fined not exceeding twenty thousand dollars ($20,000) or be imprisoned for a term not exceeding twenty (20) years." This section has no under-$100 exception.
• Embezzlement or misapplication by a regulated-institution or insurance insider (19-9-23). "Every president, director, officer, trustee, cashier, treasurer, teller, clerk, or agent of any regulated institution, insurance company, or other depository who embezzles, abstracts, purloins, or willfully misapplies any of the moneys, funds, or credits entrusted to the custody or care of the regulated institution, insurance company, or other depository," and anyone who with like intent aids or abets, "shall be fined not exceeding two hundred fifty thousand dollars ($250,000), or be imprisoned not exceeding twenty (20) years, or both."
• Unlawful appropriation (11-41-11.1). "Any person to whom any money or other property of another shall be entrusted or delivered for a particular purpose, who shall intentionally appropriate to his or her own use that money or property, shall be deemed guilty of unlawful appropriation." The penalty is up to $50,000 or three times the value, or up to 20 years, or both; but "if the sum or value of the property so appropriated is less than one thousand dollars ($1,000)," it is up to $1,000 or up to one year, or both.
• Fraudulent conversion by an agent or factor (11-41-12). An agent or factor who pledges goods, bills of lading or warehouse receipts and applies the proceeds "to his or her own use, in violation of good faith, and with intent to defraud any owner of the goods, shall be deemed and taken to be guilty of a felony and shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding five (5) years."

Exploitation of an elder person

Chapter 11-68 makes exploitation of an elder person, defined as a person 60 or older (11-68-1), a separate felony. Section 11-68-2 reaches knowingly obtaining or using, or endeavoring to obtain or use, an elder's funds, assets or property by deception or intimidation, with intent to temporarily or permanently deprive the elder of them or to benefit someone other than the elder, by a person in a position of trust or a business relationship with the elder, or who should know that the elder lacks capacity. The penalty depends on the value involved (11-68-3):

• under $500: "imprisonment for not more than five (5) years or by a fine of not more than five thousand dollars ($5,000) or both";
• $500 or more but less than $100,000: up to 15 years or a fine of up to $10,000, or both;
• $100,000 or more: up to 30 years or a fine of up to $15,000, or both.

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

Forgery and counterfeiting

Forgery and uttering (11-17-1)

Rhode Island puts making a forged writing and passing it in the same section. Section 11-17-1 applies to "Every person who shall falsely make, alter, forge, or counterfeit, or procure to be falsely made, altered, forged, or counterfeited, any public record, or any writ, process, or proceeding in any court of justice in this state," along with a long list of documents that includes "any charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of exchange, bill of lading, railroad ticket, promissory note, order, acquittance, discharge for or upon the payment of money or delivery of goods" and "any writing whatsoever purporting to contain evidence of any debt, contract, or promise, or of the discharge, payment of satisfaction of any debt, contract, or promise, with intent to defraud."

The same section covers anyone "who shall utter and publish as true or shall procure to be uttered and published as true any such false, forged, altered, or counterfeited record, deed, or other writing as provided in this section, knowing it to be false, forged, altered, or counterfeited, with intent to defraud." Both forms are punishable "by imprisonment for not more than ten (10) years, or by a fine of not more than one thousand dollars ($1,000), or both." There is no value threshold, and the 10-year maximum makes the offense a felony under 11-1-2.

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

Public assistance checks (11-17-1.1)

Forging public assistance benefit checks or authorizations is graded by the total in any 12 consecutive months. Over $500, the person "shall be guilty of a felony and upon conviction shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than one thousand dollars ($1,000), or both." At $500 or less, it is a misdemeanor punishable by up to one year or a fine of up to $500, or both.

Certificates, securities, bank bills and coins (11-17-2 to 11-17-10)

The counterfeiting sections carry a two-year minimum. Each of the following "shall be imprisoned not exceeding ten (10) years nor less than two (2) years":

• forging or altering a state debt certificate or a bank bill or note (11-17-2);
• uttering, passing or tendering in payment as true "any false, forged, counterfeited, or altered certificate, security or bank bill or note, knowing it to be false, forged, counterfeited, or altered, with intent to defraud" (11-17-3);
• importing, or having "in his or her possession or custody within this state," a forged or altered certificate, security, bank bill or note, knowing it is false, "with intent to utter, pass or, tender it in payment the same as true" (11-17-4);
• making or mending, or having in his or her possession or custody, plates, presses or other materials designed for making counterfeit bank bills or notes, with intent to use them (11-17-5);
• forging or counterfeiting gold or silver coin (11-17-7), passing counterfeit coin with intent to defraud (11-17-8), bringing in or possessing counterfeit coin with intent to pass it (11-17-9), and making or possessing coin-counterfeiting tools with intent to use them (11-17-10).

Registration plates and trademarks

Forging or counterfeiting registration plates or special-use identification tags, or knowingly possessing one, "shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both" (11-17-1.2).

Trademark counterfeiting under 11-17-13 is a felony, with up to 5 years and up to $10,000, when the goods or services have an aggregate retail value of $5,000 or more. Below that value it is a misdemeanor (up to one year and $1,000). Knowingly using a tool or device to produce or reproduce a counterfeit mark, or possessing one with intent to do so, and a second violation, are felonies punishable by up to 5 years and up to $5,000.

Related false-document and fraud offenses

• Obtaining a signature by false pretense (11-41-13). Using a false pretense with intent to cheat or defraud to get someone to sign a written instrument whose false making would be forgery is punishable "by imprisonment for not more than five (5) years or by a fine of not more than one thousand dollars ($1,000), or both."
• Giving a false receipt or account to an agent, employee or public official (11-18-1). Giving one with intent to mislead the principal or the state is a misdemeanor punishable by up to one year or a fine of up to $1,000.
• Fraudulent issue of stock by a company officer or agent (11-18-29). The officer "shall be fined not less than one thousand dollars ($1,000) and shall be imprisoned not exceeding ten (10) years, nor less than one year."
• False diplomas or enrollment certificates (11-18-27). Selling or creating them with intent to use them fraudulently is a felony punishable by up to 2 years or a fine of up to $5,000.
• Possessing false identification (11-18-20.1). A document with the possessor's photo but another person's name or birth date is punishable by a fine of up to $500.

For identity theft and identity fraud, see Rhode Island identity theft laws.

Rhode Island embezzlement and forgery offenses at a glance

Under the 11-1-2 definition, the class of each offense follows from its maximum penalty. For how Rhode Island sorts felonies and misdemeanors generally, see Rhode Island felony and misdemeanor penalties.

Sentencing: probation, restitution and repeat offenders

The terms above are maximums. Under 12-19-8, unless the law forbids it, "the court may impose a sentence and suspend the execution of the sentence, in whole or in part, or place the defendant on probation without the imposition of a suspended sentence."

Restitution is within the judge's discretion: "a judge at the time of sentencing may order restitution which may be in the form of monetary payment or some type of community restitution" (12-19-32).

Habitual criminals

Two different repeat-offender statutes exist, and only one reaches embezzlement:

• The larceny habitual-offender section (11-41-24) applies to a person "convicted three (3) times for the crime of shoplifting as defined in 11-41-20 or larceny as defined in 11-41-1 or receiving stolen goods as defined in 11-41-2," with a fine of $200 to $500 and six months to one year in prison. It does not list embezzlement under 11-41-3.
• The general habitual-criminal statute (12-19-21) applies to a person with two prior felony convictions from separate incidents, for which prison sentences were imposed on two occasions, who is then "convicted in this state of any offense punished by imprisonment for more than one year." That person "shall be deemed a 'habitual criminal'" and "shall be punished by imprisonment in the adult correctional institutions for a term not exceeding twenty-five (25) years, in addition to any sentence imposed for the offense of which he or she was last convicted." Embezzlement of $100 or more and forgery under 11-17-1 are both punishable by more than one year.

Time limits for prosecution

Section 12-12-17 sets three tiers:

• No limit. "There shall be no statute of limitations for the following offenses," a list that includes "counterfeiting, forgery" (12-12-17(a)).
• Ten years. The list in 12-12-17(b) includes 11-41-3 (embezzlement and fraudulent conversion), 11-41-4 (false pretenses), 11-41-11 (embezzlement by bank officer or employee), 11-41-12 (fraudulent conversion by agent or factor), 11-41-13 (obtaining a signature by false pretenses), "any larceny that is punishable as a felony," 11-68-2 (exploitation of an elder), 11-41-11.1 (unlawful appropriation) and 11-18-1 (giving a false document to an agent, employee or public official).
• Three years for everything else. "The statute of limitations for any other criminal offense shall be three (3) years, unless a longer statute of limitations is otherwise provided for in the general laws" (12-12-17(c)).

Subsection (d) extends the same periods to accessories and conspirators. Section 12-12-17 does not contain a discovery rule that delays the start of these periods. For civil filing deadlines, see Rhode Island statute of limitations.

Recent changes

The core sections have been stable for decades. Section 11-41-3 was last amended by P.L. 1991, ch. 138; 11-41-27 dates from P.L. 1991, ch. 153; and 11-17-1 carries no amendment since the 1956 General Laws. The larceny penalty section, 11-41-5, was last amended by P.L. 2021, ch. 383 and ch. 384, effective July 13, 2021.

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. If you were the target of a fraud scheme, our Rhode Island scam and fraud laws guide explains where to report it.

Related pages

• Embezzlement and forgery laws by state
• Rhode Island larceny laws
• Rhode Island felony and misdemeanor penalties
• Rhode Island scam and fraud laws
• Rhode Island statute of limitations

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

Last updated: 2026-10-18.

Frequently Asked Questions

Is embezzlement a felony in Rhode Island?

Yes, when the amount is $100 or more. R.I. Gen. Laws 11-41-3 allows up to 20 years, which makes it a felony under 11-1-2; under $100 the maximum is one year and $1,000.

What is the penalty for embezzlement in Rhode Island?

Up to 20 years in prison, a fine of up to $50,000 or three times the value embezzled (whichever is greater), or both (11-41-3). These are maximums; the court may suspend a sentence or order probation (12-19-8), and a person with two prior felony convictions from separate incidents that drew prison sentences can be sentenced as a habitual criminal to up to 25 more years (12-19-21).

How is embezzlement different from larceny in Rhode Island?

Embezzlement under 11-41-3 covers money or property that came to the person through employment, a specific purpose or a fiduciary role. It is expressly excluded from the larceny value table in 11-41-5 and carries a heavier 20-year maximum.

What happens if a public employee embezzles in Rhode Island?

Wrongful conversion by a state or municipal officer or employee (11-41-27) carries the same up-to-20-year penalty as 11-41-3. The sentencing judge (11-41-31), or the superior court in a civil action the retirement board must bring if the judge makes no finding (36-10.1-3), may also revoke or reduce the person’s public retirement benefits.

Is forgery a felony in Rhode Island?

Yes. Forgery and uttering a forged writing with intent to defraud are punishable by up to 10 years, a fine of up to $1,000, or both (11-17-1), with no value threshold.

Is there a statute of limitations for embezzlement in Rhode Island?

Yes, 10 years for embezzlement and fraudulent conversion under 11-41-3, bank embezzlement under 11-41-11 and unlawful appropriation under 11-41-11.1. Forgery and counterfeiting have no time limit (12-12-17).