SF 4785
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 09:12 a.m.
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A bill for an act
relating to public safety; establishing a new stand-alone crime for theft of public
funds; providing criminal penalties; proposing coding for new law in Minnesota
Statutes, chapter 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[609.5523] THEFT OF PUBLIC FUNDS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Government entity" has the meaning given in section 13.02, subdivision 7a.
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(c) "Public funds" means money from all general, special, permanent, trust, and other
funds, regardless of source or purpose, held or administered by a government entity.
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new text begin Subd. 2. new text end
new text begin Acts constituting theft of public funds. new text end
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Whoever does any of the following
commits theft of public funds and may be sentenced as provided in subdivision 3:
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(1) intentionally and without claim of right takes, uses, transfers, conceals, or retains
possession of public funds of a government entity or a third party administering a program
funded by public vendors without consent and with intent to deprive the government entity
permanently of possession of public funds;
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(2) obtains for the actor or another the possession or custody of public funds from a
government entity or a third party administering a program funded by public funds by
intentionally deceiving the government entity or third party with a false representation that
is known to be false, is made with intent to defraud, and does defraud the government entity
or third party. False representation includes but is not limited to:
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(i) a promise made with intent not to perform. Failure to perform is not evidence of
intent not to perform unless corroborated by other substantial evidence; or
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(ii) the preparation or filing of a claim for reimbursement, a rate application, or a cost
report which intentionally and falsely states the costs of or actual services provided by a
vendor; or
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(3) by swindling, whether by artifice, trick, device, or any other means, obtains public
funds or services funded by public funds from a government entity or a third party
administering a program funded by public funds.
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new text begin Subd. 3. new text end
new text begin Sentence. new text end
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(a) Whoever commits theft of public funds may be sentenced to
imprisonment:
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(1) for not more than 24 years or to payment of a fine of not more than $100,000, or
both, if the value of the property stolen is more than $35,000;
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(2) for not more than 12 years or to payment of a fine of not more than $20,000, or both,
if the value of the property stolen exceeds $5,000; or
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(3) for not more than six years or to payment of a fine of not more than $10,000, or both,
if the value of the property stolen is more than $1,000 but not more than $5,000.
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(b) In a prosecution for theft of public funds, the value of the money or property received
by the defendant in violation of any of these provisions within a six-month period may be
aggregated and the defendant charged accordingly.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
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