5-25-8. THEFT BY EMBEZZLEMENT.

Any person, who has been entrusted with property belonging to another, who, with the intent to benefit any person not entitled to benefit from said property, appropriates said property to his own use to a use or a purpose not in the due and lawful execution of his trust, is guilty of theft by embezzlement. A distinct act of taking is not necessary to constitute theft by embezzlement.

A person is “entrusted with property of another” if he has possession or control of:

1. Real or personal property owned in whole or in part by a deceased person and which property is the proper subject of an estate proceeding; or
2. Real or personal property, the legal title to which is in the Rosebud Sioux Tribe or any subdivision thereof, the United States of America or any subdivision thereof, or of any financial institution; or
3. Real or person property, the legal title to which is in any person other than the actor, and which property is not subject to a lien or security interest in favor of the actor.