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SENTENCING GUIDELINES

7.Theft Offense List

It is recommended that the following property crimes be treated similarly. Below is the Theft Offense List cited for the Theft Crimes ($5,000 or less and over $5,000) in section 5.A Offense Severity Reference Table. The severity level for these offenses is based on the monetary amount of the conviction offense. The monetary amount is contained in the penalty statute as cited below:

Severity Level 2. When the monetary value of the Theft Crime is $5,000 or less, the penalty statute is Minnesota Statutes, section 609.52, subdivision 3(3)(a).

Severity Level 3. When the monetary value of the Theft Crime is over $5,000, the penalty statute is Minnesota Statutes, section 609.52, subdivision 3(2).

Statute NumberOffense Title
176.178Workers' Compensation Fraud
256.98Wrongfully Obtaining Assistance
268.182Unemployment Benefit Fraud
393.07, subd. 10Federal Food Stamp Program
471.392False Declaration of Claim
514.02, subd. 1(b)Non-payment for Improvement (Proceeds of Payments; Acts Constituting Theft)
609.445Failure to Pay Over State Funds
609.455Permitting False Claims Against Government
609.465Presenting False Claims to Public Officer or Body
609.52Theft of Public Funds
609.52, subd. 2(a)(1)Theft
609.52, subd. 2(a)(2)Taking Pledged Property
609.52, subd. 2(a)(3)(i)Theft By Check
609.52, subd. 2(a)(3)(ii), (iii), (iv), & (v)Theft By False Representation
609.52, subd. 2(a)(4)Theft By Trick
609.52, subd. 2(a)(5)Temporary Theft
609.52, subd. 2(a)(6)Refusing to Return Lost Property
609.52, subd. 2(a)(7)Theft from Coin Operated Machines
609.52, subd. 2(a)(9)Theft of Leased Property
609.52, subd. 2(a)(10)
& (11)
Altering Serial Number
609.52, subd. 2(a)(12)Theft of Cable TV Services
609.52, subd. 2(a)(13)Theft of Services
609.52, subd. 2(a)(14)Theft of Telecommunications Services
609.52, subd. 2(a)(15)
& (16)
Diversion of Corporate Property
609.53Receiving Stolen Property
609.611Defrauding Insurer
609.615Defeating Security on Realty
609.62Defeating Security on Personalty
609.816Wrongful Employment at a Child Care Center
609.82Fraud in Obtaining Credit