SF 254

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing criminal 
  1.3             penalties for the crime of identity theft; requiring 
  1.4             sentencing guidelines modifications related to the use 
  1.5             of another's identity as an aggravating factor; 
  1.6             amending Minnesota Statutes 2002, section 609.527, 
  1.7             subdivision 3.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 609.527, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  1.12  may be sentenced as follows: 
  1.13     (1) if the offense involves a single direct victim and the 
  1.14  total, combined loss to the direct victim and any indirect 
  1.15  victims is $250 or less, the person may be sentenced as provided 
  1.16  in section 609.52, subdivision 3, clause (5); 
  1.17     (2) if the offense involves a single direct victim and the 
  1.18  total, combined loss to the direct victim and any indirect 
  1.19  victims is more than $250 but not more than $500, the person may 
  1.20  be sentenced as provided in section 609.52, subdivision 3, 
  1.21  clause (4); 
  1.22     (3) if the offense involves two or three direct victims or 
  1.23  the total, combined loss to the direct and indirect victims is 
  1.24  more than $500 but not more than $2,500, the person may be 
  1.25  sentenced as provided in section 609.52, subdivision 3, clause 
  1.26  (3); and 
  2.1      (4) if the offense involves four or more than three but not 
  2.2   more than seven direct victims, or if the total, combined loss 
  2.3   to the direct and indirect victims is more than $2,500, the 
  2.4   person may be sentenced as provided in section 609.52, 
  2.5   subdivision 3, clause (2); and 
  2.6      (5) if the offense involves eight or more direct victims, 
  2.7   or if the total, combined loss to the direct and indirect 
  2.8   victims is more than $35,000, the person may be sentenced as 
  2.9   provided in section 609.52, subdivision 3, clause (1). 
  2.10     Sec. 2.  [SENTENCING GUIDELINES MODIFICATIONS REQUIRED 
  2.11  RELATING TO THE USE OF ANOTHER'S IDENTITY AS AN AGGRAVATING 
  2.12  FACTOR.] 
  2.13     By August 1, 2003, the sentencing guidelines commission 
  2.14  shall modify Minnesota Sentencing Guidelines, section II.D., by 
  2.15  adding to the list of the aggravating factors that may be used 
  2.16  as a basis for a sentencing departure, the offender's use of 
  2.17  another's identity without authorization to commit a crime.  
  2.18  This aggravating factor may not be used when the use of 
  2.19  another's identity is an element of the offense.  
  2.20     Sec. 3.  [EFFECTIVE DATE.] 
  2.21     Section 1 is effective August 1, 2003, and applies to 
  2.22  crimes committed on or after that date.