1.1                          A bill for an act
  1.2             relating to crime; modifying the elements of the crime 
  1.3             of motor vehicle theft; providing an affirmative 
  1.4             defense that the defendant took or drove the vehicle 
  1.5             with the consent of the owner or an authorized agent 
  1.6             of the owner; amending Minnesota Statutes 1996, 
  1.7             section 609.52, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 609.52, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [ACTS CONSTITUTING THEFT.] (a) Whoever does any 
  1.12  of the following commits theft and may be sentenced as provided 
  1.13  in subdivision 3: 
  1.14     (1) intentionally and without claim of right takes, uses, 
  1.15  transfers, conceals or retains possession of movable property of 
  1.16  another without the other's consent and with intent to deprive 
  1.17  the owner permanently of possession of the property; or 
  1.18     (2) having a legal interest in movable property, 
  1.19  intentionally and without consent, takes the property out of the 
  1.20  possession of a pledgee or other person having a superior right 
  1.21  of possession, with intent thereby to deprive the pledgee or 
  1.22  other person permanently of the possession of the property; or 
  1.23     (3) obtains for the actor or another the possession, 
  1.24  custody, or title to property of or performance of services by a 
  1.25  third person by intentionally deceiving the third person with a 
  1.26  false representation which is known to be false, made with 
  2.1   intent to defraud, and which does defraud the person to whom it 
  2.2   is made.  "False representation" includes without limitation: 
  2.3      (a) (i) the issuance of a check, draft, or order for the 
  2.4   payment of money, except a forged check as defined in section 
  2.5   609.631, or the delivery of property knowing that the actor is 
  2.6   not entitled to draw upon the drawee therefor or to order the 
  2.7   payment or delivery thereof; or 
  2.8      (b) (ii) a promise made with intent not to perform.  
  2.9   Failure to perform is not evidence of intent not to perform 
  2.10  unless corroborated by other substantial evidence; or 
  2.11     (c) (iii) the preparation or filing of a claim for 
  2.12  reimbursement, a rate application, or a cost report used to 
  2.13  establish a rate or claim for payment for medical care provided 
  2.14  to a recipient of medical assistance under chapter 256B, which 
  2.15  intentionally and falsely states the costs of or actual services 
  2.16  provided by a vendor of medical care; or 
  2.17     (d) (iv) the preparation or filing of a claim for 
  2.18  reimbursement for providing treatment or supplies required to be 
  2.19  furnished to an employee under section 176.135 which 
  2.20  intentionally and falsely states the costs of or actual 
  2.21  treatment or supplies provided; or 
  2.22     (e) (v) the preparation or filing of a claim for 
  2.23  reimbursement for providing treatment or supplies required to be 
  2.24  furnished to an employee under section 176.135 for treatment or 
  2.25  supplies that the provider knew were medically unnecessary, 
  2.26  inappropriate, or excessive; or 
  2.27     (4) by swindling, whether by artifice, trick, device, or 
  2.28  any other means, obtains property or services from another 
  2.29  person; or 
  2.30     (5) intentionally commits any of the acts listed in this 
  2.31  subdivision but with intent to exercise temporary control only 
  2.32  and: 
  2.33     (a) (i) the control exercised manifests an indifference to 
  2.34  the rights of the owner or the restoration of the property to 
  2.35  the owner; or 
  2.36     (b) (ii) the actor pledges or otherwise attempts to subject 
  3.1   the property to an adverse claim; or 
  3.2      (c) (iii) the actor intends to restore the property only on 
  3.3   condition that the owner pay a reward or buy back or make other 
  3.4   compensation; or 
  3.5      (6) finds lost property and, knowing or having reasonable 
  3.6   means of ascertaining the true owner, appropriates it to the 
  3.7   finder's own use or to that of another not entitled thereto 
  3.8   without first having made reasonable effort to find the owner 
  3.9   and offer and surrender the property to the owner; or 
  3.10     (7) intentionally obtains property or services, offered 
  3.11  upon the deposit of a sum of money or tokens in a coin or token 
  3.12  operated machine or other receptacle, without making the 
  3.13  required deposit or otherwise obtaining the consent of the 
  3.14  owner; or 
  3.15     (8) intentionally and without claim of right converts any 
  3.16  article representing a trade secret, knowing it to be such, to 
  3.17  the actor's own use or that of another person or makes a copy of 
  3.18  an article representing a trade secret, knowing it to be such, 
  3.19  and intentionally and without claim of right converts the same 
  3.20  to the actor's own use or that of another person.  It shall be a 
  3.21  complete defense to any prosecution under this clause for the 
  3.22  defendant to show that information comprising the trade secret 
  3.23  was rightfully known or available to the defendant from a source 
  3.24  other than the owner of the trade secret; or 
  3.25     (9) leases or rents personal property under a written 
  3.26  instrument and who with intent to place the property beyond the 
  3.27  control of the lessor conceals or aids or abets the concealment 
  3.28  of the property or any part thereof, or any lessee of the 
  3.29  property who sells, conveys, or encumbers the property or any 
  3.30  part thereof without the written consent of the lessor, without 
  3.31  informing the person to whom the lessee sells, conveys, or 
  3.32  encumbers that the same is subject to such lease and with intent 
  3.33  to deprive the lessor of possession thereof.  Evidence that a 
  3.34  lessee used a false or fictitious name or address in obtaining 
  3.35  the property or fails or refuses to return the property to 
  3.36  lessor within five days after written demand for the return has 
  4.1   been served personally in the manner provided for service of 
  4.2   process of a civil action or sent by certified mail to the last 
  4.3   known address of the lessee, whichever shall occur later, shall 
  4.4   be evidence of intent to violate this clause.  Service by 
  4.5   certified mail shall be deemed to be complete upon deposit in 
  4.6   the United States mail of such demand, postpaid and addressed to 
  4.7   the person at the address for the person set forth in the lease 
  4.8   or rental agreement, or, in the absence of the address, to the 
  4.9   person's last known place of residence; or 
  4.10     (10) alters, removes, or obliterates numbers or symbols 
  4.11  placed on movable property for purpose of identification by the 
  4.12  owner or person who has legal custody or right to possession 
  4.13  thereof with the intent to prevent identification, if the person 
  4.14  who alters, removes, or obliterates the numbers or symbols is 
  4.15  not the owner and does not have the permission of the owner to 
  4.16  make the alteration, removal, or obliteration; or 
  4.17     (11) with the intent to prevent the identification of 
  4.18  property involved, so as to deprive the rightful owner of 
  4.19  possession thereof, alters or removes any permanent serial 
  4.20  number, permanent distinguishing number or manufacturer's 
  4.21  identification number on personal property or possesses, sells 
  4.22  or buys any personal property knowing or having reason to know 
  4.23  that the permanent serial number, permanent distinguishing 
  4.24  number or manufacturer's identification number has been removed 
  4.25  or altered; or 
  4.26     (12) intentionally deprives another of a lawful charge for 
  4.27  cable television service by: 
  4.28     (i) making or using or attempting to make or use an 
  4.29  unauthorized external connection outside the individual dwelling 
  4.30  unit whether physical, electrical, acoustical, inductive, or 
  4.31  other connection, or by 
  4.32     (ii) attaching any unauthorized device to any cable, wire, 
  4.33  microwave, or other component of a licensed cable communications 
  4.34  system as defined in chapter 238.  Nothing herein shall be 
  4.35  construed to prohibit the electronic video rerecording of 
  4.36  program material transmitted on the cable communications system 
  5.1   by a subscriber for fair use as defined by Public Law Number 
  5.2   94-553, section 107; or 
  5.3      (13) except as provided in paragraphs (12) and (14), 
  5.4   obtains the services of another with the intention of receiving 
  5.5   those services without making the agreed or reasonably expected 
  5.6   payment of money or other consideration; or 
  5.7      (14) intentionally deprives another of a lawful charge for 
  5.8   telecommunications service by:  
  5.9      (i) making, using, or attempting to make or use an 
  5.10  unauthorized connection whether physical, electrical, by wire, 
  5.11  microwave, radio, or other means to a component of a local 
  5.12  telecommunication system as provided in chapter 237; or 
  5.13     (ii) attaching an unauthorized device to a cable, wire, 
  5.14  microwave, radio, or other component of a local 
  5.15  telecommunication system as provided in chapter 237.  
  5.16     The existence of an unauthorized connection is prima facie 
  5.17  evidence that the occupier of the premises:  
  5.18     (i) made or was aware of the connection; and 
  5.19     (ii) was aware that the connection was unauthorized; or 
  5.20     (15) with intent to defraud, diverts corporate property 
  5.21  other than in accordance with general business purposes or for 
  5.22  purposes other than those specified in the corporation's 
  5.23  articles of incorporation; or 
  5.24     (16) with intent to defraud, authorizes or causes a 
  5.25  corporation to make a distribution in violation of section 
  5.26  302A.551, or any other state law in conformity with it; or 
  5.27     (17) intentionally takes or drives a motor vehicle without 
  5.28  the consent of the owner or an authorized agent of the 
  5.29  owner which the actor does not own or did not lease or rent. 
  5.30     (b) It is an affirmative defense to a violation of 
  5.31  paragraph (a), clause (17), if the defendant proves by a 
  5.32  preponderance of the evidence that the defendant took or drove 
  5.33  the motor vehicle with the consent of the owner or an authorized 
  5.34  agent of the owner. 
  5.35     Sec. 2.  [EFFECTIVE DATE.] 
  5.36     Section 1 is effective August 1, 1997, and applies to 
  6.1   crimes committed on or after that date.