HF 112

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing criminal 
  1.3             penalties and forfeiture sanctions for persons who 
  1.4             transfer, possess, or use the identity of another with 
  1.5             intent to commit or aid in the commission of certain 
  1.6             unlawful activity; amending Minnesota Statutes 1998, 
  1.7             sections 609.531, subdivision 1; and 609.902, 
  1.8             subdivision 4; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 609. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [609.527] [IDENTITY THEFT.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.13  the following terms have the meanings given them in this 
  1.14  subdivision. 
  1.15     (b) "Direct victim" means any person or entity described in 
  1.16  section 611A.01, paragraph (b), whose identity has been 
  1.17  transferred, used, or possessed in violation of this section. 
  1.18     (c) "Identity" means any name, number, or data transmission 
  1.19  that may be used, alone or in conjunction with any other 
  1.20  information, to identify a specific individual, including any of 
  1.21  the following: 
  1.22     (1) a name, social security number, date of birth, official 
  1.23  government-issued driver's license or identification number, 
  1.24  government passport number, or employer or taxpayer 
  1.25  identification number; 
  1.26     (2) unique electronic identification number, address, 
  1.27  account number, or routing code; or 
  2.1      (3) telecommunication identification information or access 
  2.2   device. 
  2.3      (d) "Indirect victim" means any person or entity described 
  2.4   in section 611A.01, paragraph (b), other than a direct victim. 
  2.5      (e) "Loss" means value obtained, as defined in section 
  2.6   609.52, subdivision 1, clause (3), and expenses incurred by a 
  2.7   direct or indirect victim as a result of a violation of this 
  2.8   section. 
  2.9      (f) "Unlawful activity" means: 
  2.10     (1) any felony violation of the laws of this state or any 
  2.11  felony violation of a similar law of another state or the United 
  2.12  States; and 
  2.13     (2) any non-felony violation of the laws of this state 
  2.14  involving theft, theft by swindle, forgery, fraud, or giving 
  2.15  false information to a public official, or any non-felony 
  2.16  violation of a similar law of another state or the United States.
  2.17     Subd. 2.  [CRIME.] A person who transfers, possesses, or 
  2.18  uses an identity that is not the person's own, with the intent 
  2.19  to commit, aid, or abet any unlawful activity is guilty of 
  2.20  identity theft and may be punished as provided in subdivision 3. 
  2.21     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  2.22  may be sentenced as follows: 
  2.23     (1) if the offense involves fewer than four direct victims 
  2.24  and the total, combined loss to the direct victim and any 
  2.25  indirect victims is $200 or less, the person may be sentenced as 
  2.26  provided in section 609.52, subdivision 3, clause (5); 
  2.27     (2) if the offense involves fewer than four direct victims 
  2.28  and the total, combined loss to the direct victim and any 
  2.29  indirect victims is more than $200 but not more than $500, the 
  2.30  person may be sentenced as provided in section 609.52, 
  2.31  subdivision 3, clause (4); 
  2.32     (3) if the offense involves fewer than four direct victims 
  2.33  and the total, combined loss to the direct victim and any 
  2.34  indirect victims is more than $500 but not more than $2,500, the 
  2.35  person may be sentenced as provided in section 609.52, 
  2.36  subdivision 3, clause (3); 
  3.1      (4) if the offense involves four or more direct victims, or 
  3.2   if the total, combined loss to the direct and indirect victims 
  3.3   is more than $2,500, the person may be sentenced as provided in 
  3.4   section 609.52, subdivision 3, clause (2); and 
  3.5      (5) if the offense involves four or more direct victims, 
  3.6   and the total, combined loss to the direct and indirect victims 
  3.7   is more than $35,000, the person may be sentenced as provided in 
  3.8   section 609.52, subdivision 3, clause (1). 
  3.9      Subd. 4.  [RESTITUTION.] A direct or indirect victim of an 
  3.10  identity theft crime shall be considered a victim for all 
  3.11  purposes, including any rights that accrue under chapter 611A 
  3.12  and rights to court-ordered restitution. 
  3.13     Sec. 2.  Minnesota Statutes 1998, section 609.531, 
  3.14  subdivision 1, is amended to read: 
  3.15     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  3.16  609.531 to 609.5318, the following terms have the meanings given 
  3.17  them.  
  3.18     (a) "Conveyance device" means a device used for 
  3.19  transportation and includes, but is not limited to, a motor 
  3.20  vehicle, trailer, snowmobile, airplane, and vessel and any 
  3.21  equipment attached to it.  The term "conveyance device" does not 
  3.22  include property which is, in fact, itself stolen or taken in 
  3.23  violation of the law.  
  3.24     (b) "Weapon used" means a dangerous weapon as defined under 
  3.25  section 609.02, subdivision 6, that the actor used or had in 
  3.26  possession in furtherance of a crime.  
  3.27     (c) "Property" means property as defined in section 609.52, 
  3.28  subdivision 1, clause (1).  
  3.29     (d) "Contraband" means property which is illegal to possess 
  3.30  under Minnesota law.  
  3.31     (e) "Appropriate agency" means the bureau of criminal 
  3.32  apprehension, the Minnesota state patrol, a county sheriff's 
  3.33  department, the suburban Hennepin regional park district park 
  3.34  rangers, the department of natural resources division of 
  3.35  enforcement, the University of Minnesota police department, or a 
  3.36  city or airport police department.  
  4.1      (f) "Designated offense" includes:  
  4.2      (1) for weapons used:  any violation of this chapter, 
  4.3   chapter 152, or chapter 624; 
  4.4      (2) for all other purposes:  a felony violation of, or a 
  4.5   felony-level attempt or conspiracy to violate, section 325E.17; 
  4.6   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  4.7   609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
  4.8   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
  4.9   1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
  4.10  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
  4.11  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
  4.12  609.52; 609.525; 609.527; 609.53; 609.54; 609.551; 609.561; 
  4.13  609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, 
  4.14  subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 
  4.15  609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
  4.16  617.246; or a gross misdemeanor or felony violation of section 
  4.17  609.891 or 624.7181; or any violation of section 609.324.  
  4.18     (g) "Controlled substance" has the meaning given in section 
  4.19  152.01, subdivision 4. 
  4.20     Sec. 3.  Minnesota Statutes 1998, section 609.902, 
  4.21  subdivision 4, is amended to read: 
  4.22     Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
  4.23  constituting, or a conspiracy or attempt to commit, a felony 
  4.24  violation of chapter 152, or a felony violation of section 
  4.25  297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 
  4.26  609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 
  4.27  609.235; 609.245; 609.25; 609.27; 609.322; 609.342; 609.343; 
  4.28  609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 609.496; 
  4.29  609.497; 609.498; 609.52, subdivision 2, if the offense is 
  4.30  punishable under subdivision 3, clause (3)(b) or clause 3(d)(v) 
  4.31  or (vi); section 609.52, subdivision 2, clause (4); 609.527, if 
  4.32  the crime is punishable under subdivision 3, clause (4) or (5); 
  4.33  609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, 
  4.34  subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86; 
  4.35  609.894, subdivision 3 or 4; 624.713; 624.74; or 626A.02, 
  4.36  subdivision 1, if the offense is punishable under section 
  5.1   626A.02, subdivision 4, paragraph (a).  "Criminal act" also 
  5.2   includes conduct constituting, or a conspiracy or attempt to 
  5.3   commit, a felony violation of section 609.52, subdivision 2, 
  5.4   clause (3), (4), (15), or (16), if the violation involves an 
  5.5   insurance company as defined in section 60A.02, subdivision 4, a 
  5.6   nonprofit health service plan corporation regulated under 
  5.7   chapter 62C, a health maintenance organization regulated under 
  5.8   chapter 62D, or a fraternal benefit society regulated under 
  5.9   chapter 64B. 
  5.10     Sec. 4.  [EFFECTIVE DATE.] 
  5.11     Sections 1 to 3 are effective August 1, 1999, and apply to 
  5.12  crimes committed on or after that date.