Peculatus is a legal term derived from Latin, referring to the crime of stealing or embezzling public funds. This offense involves the misappropriation of public property, which can be committed by a public official or a private individual. Those found guilty of peculatus are referred to as peculators. The term originates from "pecus," which signifies movable property and historically represented wealth.
Peculatus is primarily used in criminal law, particularly in cases involving public corruption or financial misconduct. It applies in situations where public officials misuse their authority to unlawfully take or divert public resources for personal gain. Users may encounter this term in legal proceedings related to embezzlement and fraud. Legal templates available through US Legal Forms can assist individuals in navigating related legal processes.
Here are a couple of examples of abatement:
Example 1: A city treasurer who diverts funds meant for public projects into their personal account is committing peculatus.
Example 2: A government contractor who overbills for services and pockets the excess funds is also engaging in this offense. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Peculatus Definition | Penalties |
|---|---|---|
| California | Defined under embezzlement laws with specific statutes. | Up to 3 years in prison and fines. |
| New York | Similar to California, with additional provisions for public officials. | Up to 15 years in prison depending on the amount embezzled. |
| Texas | Defined under theft laws, with a focus on public property. | Varies based on the value, up to life imprisonment for large sums. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Peculatus | Theft of public funds or property. | Specifically involves public officials or functionaries. |
| Embezzlement | Theft of funds placed in one's trust. | Can involve private individuals, not limited to public officials. |
| Theft | Taking someone else's property without permission. | Broader category that encompasses various types of theft. |
If you believe you are involved in a situation related to peculatus, it is crucial to seek legal advice promptly. Document all relevant information and consider utilizing legal templates from US Legal Forms to help you navigate the process. If the situation is complex, consult a legal professional for tailored guidance.
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Peculatus refers to the crime of stealing or embezzling public funds.