Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 466-S.F.No. 1365
           An act relating to crimes and criminals; specifying 
          the crime of theft of telecommunications service; 
          amending Minnesota Statutes 1982, section 609.52, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, 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 his consent and with intent to deprive the owner 
permanently of possession of the property; or 
     (2) 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 himself or another the possession, custody 
or title to property of or performance of services by a third 
person by intentionally deceiving him 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: 
     (a) The issuance of a check, draft, or order for the 
payment of money or the delivery of property knowing that he is 
not entitled to draw upon the drawee therefor or to order the 
payment or delivery thereof; or 
     (b) 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 
     (c) The unauthorized use of a credit card, credit plate, 
charge plate, or other identification device issued by an 
organization to a person for use in purchasing goods or services 
on credit; or 
     (d) 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 
     (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; 
     (a) The control exercised manifests an indifference to the 
rights of the owner or the restoration of the property to him; 
or 
     (b) He pledges or otherwise attempts to subject the 
property to an adverse claim; or 
     (c) He 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 his 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 him; 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 
his 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 
his 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 him from a source other than 
the owner of the trade secret; or 
     (9) Leases or rents personal property under a written 
instrument and who 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 any lessee of the 
property who sells, conveys or encumbers the property or any 
part thereof without the written consent of the lessor, without 
informing the person to whom he sells, conveys, or encumbers 
that the same is subject to such lease and with intent to 
deprive the lessor of possession thereof.  Evidence that a 
lessee used a false or fictitious name or address in obtaining 
the property or fails or refuses to return the property 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 with knowledge 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 re-recording 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 paragraph 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.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1984 and applies to crimes 
committed on or after that date. 
    Approved April 25, 1984