SF 1912

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; crime prevention; expanding
the crime of theft; amending Minnesota Statutes 2004,
section 609.52, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.52,
subdivision 2, is amended to read:

Subd. 2.

Acts constituting theft.

Whoever does any of
the following commits theft and may be sentenced as provided in
subdivision 3:

(1) intentionally and without claim of right takes, uses,
transfers, conceals or retains possession of movable property of
another without the other's consent and with intent to deprive
the owner permanently of possession of the property; or

(2) new text begin with or without new text end having a legal interest in movable
property, intentionally and without consent, takes the property
out of the possession of a pledgee or other person having a
superior right of possession, with intent thereby to deprive the
pledgee or other person permanently of the possession of the
property; or

(3) obtains for the actor or another the possession,
custody, or title to property of or performance of services by a
third person by intentionally deceiving the third person with a
false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it
is made. "False representation" includes without limitation:

(i) the issuance of a check, draft, or order for the
payment of money, except a forged check as defined in section
609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or

(ii) 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

(iii) the preparation or filing of a claim for
reimbursement, a rate application, or a cost report used to
establish a rate or claim for payment for medical care provided
to a recipient of medical assistance under chapter 256B, which
intentionally and falsely states the costs of or actual services
provided by a vendor of medical care; or

(iv) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 which intentionally and
falsely states the costs of or actual treatment or supplies
provided; or

(v) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 for treatment or supplies that
the provider knew were medically unnecessary, inappropriate, or
excessive; or

(4) by swindling, whether by artifice, trick, device, or
any other means, obtains property or services from another
person; or

(5) intentionally commits any of the acts listed in this
subdivision but with intent to exercise temporary control only
and:

(i) the control exercised manifests an indifference to the
rights of the owner or the restoration of the property to the
owner; or

(ii) the actor pledges or otherwise attempts to subject the
property to an adverse claim; or

(iii) the actor intends to restore the property only on
condition that the owner pay a reward or buy back or make other
compensation; or

(6) finds lost property and, knowing or having reasonable
means of ascertaining the true owner, appropriates it to the
finder's own use or to that of another not entitled thereto
without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or

(7) intentionally obtains property or services, offered
upon the deposit of a sum of money or tokens in a coin or token
operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the
owner; or

(8) intentionally and without claim of right converts any
article representing a trade secret, knowing it to be such, to
the actor's own use or that of another person or makes a copy of
an article representing a trade secret, knowing it to be such,
and intentionally and without claim of right converts the same
to the actor's own use or that of another person. It shall be a
complete defense to any prosecution under this clause for the
defendant to show that information comprising the trade secret
was rightfully known or available to the defendant from a source
other than the owner of the trade secret; or

(9) leases or rents personal property under a written
instrument and who:

(i) with intent to place the property beyond the control of
the lessor conceals or aids or abets the concealment of the
property or any part thereof; or

(ii) sells, conveys, or encumbers the property or any part
thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease or rental
contract with intent to deprive the lessor of possession
thereof; or

(iii) does not return the property to the lessor at the end
of the lease or rental term, plus agreed upon extensions, with
intent to wrongfully deprive the lessor of possession of the
property; or

(iv) returns the property to the lessor at the end of the
lease or rental term, plus agreed upon extensions, but does not
pay the lease or rental charges agreed upon in the written
instrument, with intent to wrongfully deprive the lessor of the
agreed upon charges.

For the purposes of items (iii) and (iv), the value of the
property must be at least $100.

Evidence that a lessee used a false, fictitious, or not current
name, address, or place of employment in obtaining the property
or fails or refuses to return the property or pay the rental
contract charges to lessor within five days after written demand
for the return has been served personally in the manner provided
for service of process of a civil action or sent by certified
mail to the last known address of the lessee, whichever shall
occur later, shall be evidence of intent to violate this
clause. Service by certified mail shall be deemed to be
complete upon deposit in the United States mail of such demand,
postpaid and addressed to the person at the address for the
person set forth in the lease or rental agreement, or, in the
absence of the address, to the person's last known place of
residence; or

(10) alters, removes, or obliterates numbers or symbols
placed on movable property for purpose of identification by the
owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person
who alters, removes, or obliterates the numbers or symbols is
not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or

(11) with the intent to prevent the identification of
property involved, so as to deprive the rightful owner of
possession thereof, alters or removes any permanent serial
number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells
or buys any personal property knowing or having reason to know
that the permanent serial number, permanent distinguishing
number or manufacturer's identification number has been removed
or altered; or

(12) intentionally deprives another of a lawful charge for
cable television service by:

(i) making or using or attempting to make or use an
unauthorized external connection outside the individual dwelling
unit whether physical, electrical, acoustical, inductive, or
other connection; or by

(ii) attaching any unauthorized device to any cable, wire,
microwave, or other component of a licensed cable communications
system as defined in chapter 238. Nothing herein shall be
construed to prohibit the electronic video rerecording of
program material transmitted on the cable communications system
by a subscriber for fair use as defined by Public Law 94-553,
section 107; or

(13) except as provided in paragraphs (12) and (14),
obtains the services of another with the intention of receiving
those services without making the agreed or reasonably expected
payment of money or other consideration; or

(14) intentionally deprives another of a lawful charge for
telecommunications service by:

(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire,
microwave, radio, or other means to a component of a local
telecommunication system as provided in chapter 237; or

(ii) attaching an unauthorized device to a cable, wire,
microwave, radio, or other component of a local
telecommunication system as provided in chapter 237.

The existence of an unauthorized connection is prima facie
evidence that the occupier of the premises:

(i) made or was aware of the connection; and

(ii) was aware that the connection was unauthorized; or

(15) with intent to defraud, diverts corporate property
other than in accordance with general business purposes or for
purposes other than those specified in the corporation's
articles of incorporation; or

(16) with intent to defraud, authorizes or causes a
corporation to make a distribution in violation of section
302A.551, or any other state law in conformity with it; or

(17) takes or drives a motor vehicle without the consent of
the owner or an authorized agent of the owner, knowing or having
reason to know that the owner or an authorized agent of the
owner did not give consent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end