Minnesota's theft laws cover a broad range of acts from stealing property or services to embezzling and swindling.
A person can commit theft in Minnesota by:
The law defines property and services broadly. Property includes real or personal property, domestic animals, utilities, trade secrets, and documents of value. Services can include labor, professional services, transportation services, hotel and overnight accommodations, restaurant services, and entertainment services.
(Minn. Stat. §§ 256.98, 609.52. 609.53 (2024).)
Like most states, Minnesota classifies theft crimes into misdemeanors and felonies. The penalties for theft depend on the value of the stolen items or services, the type of property stolen, or the circumstances involved. When charging a defendant, prosecutors can combine the value of items or services stolen within a six-month period by the defendant.
Theft of property or services valued at $500 or less typically carries misdemeanor penalties of up to 90 days in jail and a maximum $1,000 fine. Penalties increase to a gross misdemeanor if the value of the property or services is more than $500 but not more than $1,000. Gross misdemeanor penalties include up to 364 days of jail time and a $3,000 fine. Stealing certain types of property increases the penalty (as described below).
Minnesota has three felony theft levels with maximum penalties of up to 5, 10, or 20 years in prison.
A person convicted of theft faces up to five years of prison time and a $10,000 fine if:
Theft charges increase to a maximum 10-year prison sentence and $20,000 fine in the following cases:
A person convicted of theft under the following circumstances faces up to 20 years of prison time and a $100,000 fine:
(Minn. Stat. § 609.52 (2024).)
Minnesota law contains several penalty enhancements for theft crimes. Below are a few examples.
Embezzle public funds. A person who embezzles public funds will face felony charges no matter the amount stolen.
Robbery proceeds. It's also a felony to receive stolen property worth $500 or more knowing it was obtained by robbery or a carjacking.
Risk of injury. A person who commits theft under circumstances that create a foreseeable risk of bodily harm will also face enhanced felony penalties. As an example, theft could create a risk of bodily harm if a person steals copper gas line pipes from a building, creating a risk of an explosion.
(Minn. Stat. §§ 609.52, 609.526, 609.54 (2024).)
Judges typically order restitution in theft cases. This means a person convicted of theft, regardless of the amount involved, will need to compensate the victim for the harm done by the crime. Restitution is part of the criminal case.
Minnesota law also allows the owner of stolen property to seek damages from the thief in civil court. Here, the owner can get reimbursed for the value of the property stolen, plus punitive damages.
(Minn. Stat. §§ 604.14, 609.10, 609.52 (2024).)
If you've been charged with theft, contact a criminal defense lawyer as soon as possible. An attorney can help you navigate the criminal system, protect your rights, and defend your case.