SF 3338

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2025 09:25 a.m.

A bill for an act
relating to public safety; including gift card fraud in organized retail theft; amending
Minnesota Statutes 2024, section 609.522, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.522, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

new text begin (b) "Closed-loop gift card" means a card, code, or device that is issued to a consumer
on a prepaid basis primarily for personal, family, or household purposes in a specified
amount, regardless of whether that amount may be increased or reloaded in exchange for
payment, and is redeemable upon presentation by a consumer at a single merchant or group
of affiliated merchants.
new text end

new text begin (c) "Gift card" means a physical or digital closed-loop gift card or open-loop gift card
that is either activated or not activated.
new text end

new text begin (d) "Open-loop gift card" means a card, code, or device that is issued to a consumer on
a prepaid basis primarily for personal, family, or household purposes in a specified amount,
regardless of whether that amount may be increased or reloaded in exchange for payment,
and is redeemable upon presentation at multiple unaffiliated merchants for goods or services
within the payment card network.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end "Pattern of retail theft" means acts committed or directed by the defendant on at
least two separate occasions in the preceding six months that would constitute a violation
of:

(1) section 609.52, subdivision 2, paragraph (a), clause (1), (3), or (4), involving retail
merchandise;

(2) section 609.521;

(3) section 609.53, subdivision 1, involving retail merchandise;

(4) section 609.582 when the building was a retail establishment; or

(5) section 609.59.

deleted text begin (c) deleted text end new text begin (f) new text end "Retail establishment" means the building where a retailer sells retail merchandise.

deleted text begin (d) deleted text end new text begin (g) new text end "Retail merchandise" means all forms of tangible property, without limitation,
held out for sale by a retailer. new text begin Tangible property includes gift cards.
new text end

deleted text begin (e) deleted text end new text begin (h) new text end "Retail theft enterprise" means a group of two or more individuals with a shared
goal involving the unauthorized removal of retail merchandise from a retailer. Retail theft
enterprise does not require the membership of the enterprise to remain the same or that the
same individuals participate in each offense committed by the enterprise.

deleted text begin (f) deleted text end new text begin (i) new text end "Retailer" means a person or entity that sells retail merchandise.

deleted text begin (g) deleted text end new text begin (j) new text end "Value" means new text begin :
new text end

new text begin (1) in the case of property, new text end the retail market value at the time of the theft or, if the retail
market value cannot be ascertained, the cost of replacement of the property within a
reasonable time after the theft deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) in the case of a gift card, the greatest amount of economic loss the owner of the
property might reasonably suffer, including but not limited to the full monetary face value
or potential value for variable-load gift cards.
new text end

Sec. 2.

Minnesota Statutes 2024, section 609.522, subdivision 2, is amended to read:

Subd. 2.

Organized retail theft.

A person is guilty of organized retail theft if:

(1) the person is employed by or associated with a retail theft enterprise;

(2) the person has previously engaged in a pattern of retail theft and intentionally commits
an act or directs another member of the retail theft enterprise to commit an act involving
retail merchandise that would constitute a violation of:

(i) section 609.52, subdivision 2, paragraph (a), clause (1), (3), or (4); or

(ii) section 609.53, subdivision 1; and

(3) the person or another member of the retail theft enterprise:

(i) resells or intends to resell the stolen retail merchandise;

(ii) advertises or displays any item of the stolen retail merchandise for sale; deleted text begin or
deleted text end

(iii) returns any item of the stolen retail merchandise to a retailer for anything of value deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (iv) tampers with the stolen retail merchandise for the purpose of obtaining anything of
value from the retailer or any retail customer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end