Theft

The Minnesota statute for theft, 609.52, encompasses a variety of actions, including the following:

• Knowingly using, transferring, hiding, or keeping ownership of property belonging to someone else. You must have in mind to permanently deprive the owner of the property. (This is what is most commonly thought of as theft.)

• Taking or driving someone’s vehicle without getting permission from the owner.

• Gaining ownership or custody of services or property through false representation. (For example, intentionally submitting an inaccurate medical reimbursement claim.)

• Leasing or renting personal property (such as a vehicle) without returning it or paying agreed-on fees

• Committing cable TV piracy.

• Finding lost or misplaced property, and not making a reasonable attempt to return it to its rightful owner.

People often use the terms “theft” and “robbery” interchangeably. Both entail taking someone else’s property or money without their permission. However, there are fundamental differences between these terms.

Robbery is a more serious offense because it involves the use of force. Storming into a bank and firing guns to scare customers and employees is one example. Assaulting a victim in the commission of a theft, either using bare hands or weapons like knives, also counts as robbery.

Theft is a catch-all term that covers many criminal acts. Examples are shoplifting, stealing someone’s purse on a train, refusing to pay a hotel bill, and acquiring property through fraudulent means. This crime usually involves three key elements:

• Taking something without the owner’s explicit permission

• Conveying the property away from its rightful place

• The intention to permanently retain ownership of the property

More specific kinds of theft recognized in Minnesota include the following:

Identity Theft

Identity theft is common in Minnesota and around the country. This crime happens when someone knowingly assumes another person’s identity by using their identifying information. This could be the victim’s name, Social Security number, credit card number, or another personal detail. The purpose is to defraud. This can occur by various means, such as receiving medical treatment in someone else’s name. Using someone else’s credit card to make purchases also qualifies.

Tell-tale signs of identity theft include receiving calls for debts that don’t belong to you and not getting your regular mail. Merchants may decline your checks, or you may notice unexplained bank withdrawals. Once someone reports these anomalies to the authorities, an investigation will ensue to catch the alleged identity thief.

False accusations of identity theft can happen when the alleged victim has dementia or another form of memory loss. The alleged victim may not recall giving another person access to their personal information. In other instances, the “victim” does remember giving access but regrets doing so.

Whether you believe an accusation against you to be true or false, the attorneys at Ringstrom DeKrey will help you get the best outcome possible if you are charged with this type of theft.

Embezzlement

This crime refers to stealing or mishandling money entrusted to someone by an employer or another entity like a charity organization. The perpetrator usually withholds assets so that he or she can convert them for personal gain. Embezzlement is a form of financial fraud and is punishable by law in Minnesota.

Fraud

There are many different types of fraudulent actions, such as mortgage fraud, telemarketing fraud, mail fraud, tax fraud, and credit card fraud. In these situations, the government can successfully convict a person of fraud if the case meets certain criteria. One criterion is someone falsely representing an existing or past material fact, knowing of the falsity. Another person must suffer damage as a result. Minnesota historically used an 11-part fraud test first formulated by Justice Harry Blackmun. Today it uses a simpler test to determine if fraud has occurred.

The state of Minnesota categorizes theft crimes based on the dollar amount of the property or services that were stolen. The type of property is another classifying factor. In this section, we take a closer look at the various categories of theft under Minnesota law, starting with three broad categories:

Misdemeanor Theft Crimes

Misdemeanor theft crimes entail stealing goods or services valued at less than $500. The punishment can include serving a jail sentence of 90 days or paying a fine of up to $1,000. The judge may also impose both penalties.

Gross Misdemeanor Theft Crimes

Gross misdemeanor theft crimes occur when the stolen property is valued anywhere between $500 and $1,000. Punishment for this offense may include serving a jail sentence for one year, paying a maximum fine of $3,000, or both.

Felony Theft Crimes

Felony theft exists when the value of the property exceeds $1,000. Punishment for felony theft can involve going to prison for up to 20 years. The presiding judge may also require substantial fines.

Theft Crimes Based on Value

In this section, we discuss particular theft crimes based on the value of property or services stolen and their accompanying penalties in the Minnesota statutes. Unsurprisingly, the penalties and assessments increase as the value of stolen property or services increases.

1. Property Valued at Less than $500
   This category, otherwise known as petty theft, is the lowest level theft offense in Minnesota. It happens when the value of the stolen property or services is not more than $500. According to Minn. Stat. §609.52 Subd. 3(5), a person convicted of petty theft may receive a sentence of up to 90 days in jail. The sentencing judge may also ask them to pay a monetary fine of a maximum of $1,000.

2. Property Valued at $500 to $1,000
   If the value of stolen goods or services is more than $500 but not exceeding $1,000, theft is punishable by imprisonment of not more than 12 months. This punishment is outlined in the Minn. Stat. § 609.52 Subd. 3(4). Alternatively, the offender will pay a fine of a maximum of $3,000. The judge can impose both types of punishment.

3. Property Value of $1,000 to $5,000
   When the value is more than $1,000 but not higher than $5,000, theft entails a sentence of imprisonment of up to five years. The court may also order a fine of not more than $10,000. In some cases, both penalties apply. Other examples of theft crimes that carry this same potential penalty include

   • Taking a motor vehicle without permission.

   • Stealing a controlled substance classified as Schedule III, IV, or V. Some examples of common substances are ketamine (Schedule III) and tramadol (Schedule IV).

   • Taking property or services valued at more than $500 but less than $1,000, and the offender has a conviction of a similar crime within the last five years. The offender may have committed the prior offense inside Minnesota or another state.

   • Stealing property valued at not more than $1,000 from a deceased body or its coffin or grave.

   • Taking property from a scene of increased citizen vulnerability, such as the scene of a bombing or riot.

   • Stealing court records.

4. Stolen Property is Worth More than $5,000
   Crimes where the stolen property or services have a value of more than $5,000 attract a prison sentence of a maximum of 10 years. Alternatively, the judge may order you to pay a maximum fine of $20,000, or levy both penalties. Theft offenses at this level also include

   • Stealing a trade secret (e.g. an employee selling an employer’s formula to a competitor).

   • Theft of an explosive or bomb for terrorist activities or other purposes.

   • Stealing a Schedule I or II controlled substance. (Marijuana is not included in these schedules).

5. Stolen Property Worth More than $35,000
   More serious than any of the four theft categories above is the theft of goods or services worth over $35,000. This level of theft is punishable by a prison sentence of a maximum of 20 years, a fine of up to $100,000, or both penalties. Apart from the $35,000 threshold, stealing a firearm of any value carries the same potential sentence.