HF 2789

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; clarifying the intent element of 
  1.3             fraudulent transfers under the theft statute; amending 
  1.4             Minnesota Statutes 1995 Supplement, section 609.52, 
  1.5             subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   609.52, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] In this section: 
  1.10     (1) "Property" means all forms of tangible property, 
  1.11  whether real or personal, without limitation including documents 
  1.12  of value, electricity, gas, water, corpses, domestic animals, 
  1.13  dogs, pets, fowl, and heat supplied by pipe or conduit by 
  1.14  municipalities or public utility companies and articles, as 
  1.15  defined in clause (4), representing trade secrets, which 
  1.16  articles shall be deemed for the purposes of Extra Session Laws 
  1.17  1967, chapter 15 to include any trade secret represented by the 
  1.18  article. 
  1.19     (2) "Movable property" is property whose physical location 
  1.20  can be changed, including without limitation things growing on, 
  1.21  affixed to, or found in land. 
  1.22     (3) "Value" means the retail market value at the time of 
  1.23  the theft, or if the retail market value cannot be ascertained, 
  1.24  the cost of replacement of the property within a reasonable time 
  1.25  after the theft, or in the case of a theft or the making of a 
  2.1   copy of an article representing a trade secret, where the retail 
  2.2   market value or replacement cost cannot be ascertained, any 
  2.3   reasonable value representing the damage to the owner which the 
  2.4   owner has suffered by reason of losing an advantage over those 
  2.5   who do not know of or use the trade secret.  For a check, draft, 
  2.6   or other order for the payment of money, "value" means the 
  2.7   amount of money promised or ordered to be paid under the terms 
  2.8   of the check, draft, or other order.  For a theft committed 
  2.9   within the meaning of subdivision 2, clause (5), (a) and (b), if 
  2.10  the property has been restored to the owner, "value" means the 
  2.11  value of the use of the property or the damage which it 
  2.12  sustained, whichever is greater, while the owner was deprived of 
  2.13  its possession, but not exceeding the value otherwise provided 
  2.14  herein. 
  2.15     (4) "Article" means any object, material, device or 
  2.16  substance, including any writing, record, recording, drawing, 
  2.17  sample specimen, prototype, model, photograph, microorganism, 
  2.18  blueprint or map, or any copy of any of the foregoing. 
  2.19     (5) "Representing" means describing, depicting, containing, 
  2.20  constituting, reflecting or recording. 
  2.21     (6) "Trade secret" means information, including a formula, 
  2.22  pattern, compilation, program, device, method, technique, or 
  2.23  process, that:  
  2.24     (i) derives independent economic value, actual or 
  2.25  potential, from not being generally known to, and not being 
  2.26  readily ascertainable by proper means by, other persons who can 
  2.27  obtain economic value from its disclosure or use, and 
  2.28     (ii) is the subject of efforts that are reasonable under 
  2.29  the circumstances to maintain its secrecy. 
  2.30     (7) "Copy" means any facsimile, replica, photograph or 
  2.31  other reproduction of an article, and any note, drawing, or 
  2.32  sketch made of or from an article while in the presence of the 
  2.33  article. 
  2.34     (8) "Property of another" includes property in which the 
  2.35  actor is coowner or has a lien, pledge, bailment, or lease or 
  2.36  other subordinate interest, property transferred by the actor in 
  3.1   circumstances which are known to the actor and which make the 
  3.2   transfer fraudulent as defined in section 513.44, and property 
  3.3   of a partnership of which the actor is a member, unless the 
  3.4   actor and the victim are husband and wife.  It does not include 
  3.5   property in which the actor asserts in good faith a claim as a 
  3.6   collection fee or commission out of property or funds recovered, 
  3.7   or by virtue of a lien, setoff, or counterclaim.  
  3.8      (9) "Services" include but are not limited to labor, 
  3.9   professional services, transportation services, electronic 
  3.10  computer services, the supplying of hotel accommodations, 
  3.11  restaurant services, entertainment services, advertising 
  3.12  services, telecommunication services, and the supplying of 
  3.13  equipment for use.  
  3.14     (10) "Motor vehicle" means a self-propelled device for 
  3.15  moving persons or property or pulling implements from one place 
  3.16  to another, whether the device is operated on land, rails, 
  3.17  water, or in the air.