Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 483-H.F.No. 1304
           An act relating to crimes; providing a penalty for 
          theft of a firearm; providing a penalty for possession 
          of a stolen firearm; amending Minnesota Statutes 1982, 
          section 609.53, subdivision 1; and Minnesota Statutes 
          1983 Supplement, section 609.52, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
609.52, subdivision 3, is amended to read: 
    Subd. 3.  [SENTENCE.] Whoever commits theft may be 
sentenced as follows: 
    (1) To imprisonment for not more than ten years or to 
payment of a fine of not more than $10,000, or both, if the 
value of the property or services stolen exceeds $2,500, or if 
the property stolen was a controlled substance listed in 
schedule 1 or 2 pursuant to section 152.02 with the exception of 
marijuana; or 
    (2) To imprisonment for not more than five years or to 
payment of a fine of not more than $5,000, or both, if the value 
of the property or services stolen is more than $250 but not 
more than $2,500, or if the property stolen was a controlled 
substance listed in schedule 3, 4, or 5 pursuant to section 
152.02; or 
    (3) To imprisonment for not more than five years or to 
payment of a fine of not more than $5,000, or both, 
notwithstanding the value of the property or services stolen is 
not more than $250, if any of the following circumstances exist: 
    (a) The property is taken from the person of another or 
from a corpse, or grave or coffin containing a corpse; or 
    (b) The property taken is a record of a court or officer, 
or a writing, instrument or record kept, filed or deposited 
according to law with or in the keeping of any public officer or 
office; or 
     (c) The property is taken from a burning building or upon 
its removal therefrom, or from an area of destruction caused by 
civil disaster, riot, bombing, or the proximity of battle; or 
    (d) The property taken consists of public funds belonging 
to the state or to any political subdivision or agency thereof; 
or 
    (e) The property is a firearm; or 
    (4) To imprisonment for not more than ten years or to 
payment of a fine of not more than $10,000, or both, if the 
property stolen is an article representing a trade secret; or if 
the property stolen is an explosive or an incendiary device; or 
    (5) In all other cases where the value of the property or 
services stolen is $250 or less, to imprisonment for not more 
than 90 days or to payment of a fine of not more than $500, or 
both, provided, however, in any prosecution under clause (1), 
clause (2), clause (3)(a), (b) and (c), clause (4), and clause 
(13) of subdivision 2 the value of the money or property 
received by the defendant in violation of any one or more of the 
above provisions within any six month period may be aggregated 
and the defendant charged accordingly in applying the provisions 
of this subdivision; provided that when two or more offenses are 
committed by the same person in two or more counties, the 
accused may be prosecuted in any county in which one of the 
offenses was committed for all of the offenses aggregated under 
this paragraph. 
     Sec. 2.  Minnesota Statutes 1982, section 609.53, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PENALTY.] Any person who receives, 
possesses, transfers, buys or conceals any stolen property or 
property obtained by robbery, knowing or having reason to know 
the property was stolen or obtained by robbery, may be sentenced 
as follows: 
    (1) If the value of the property received, bought or 
concealed is $1,000 or more, to imprisonment for not more than 
ten years or to payment of a fine of not more than $10,000, or 
both; 
    (2) If the value of the property received, bought or 
concealed is less than $1,000, but more than $300, to 
imprisonment for not more than five years or to payment of a 
fine of not more than $5,000, or both;  
    (3) If the value of the property received, bought or 
concealed is $300 or less, to imprisonment for not more than 90 
days or to payment of a fine of not less than $500, or both;  
    (4) Notwithstanding the value of the property, if the 
property is a firearm, to imprisonment for not more than five 
years or to payment of a fine of not more than $10,000, or both. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1984, and apply to 
all crimes committed on or after that date. 
    Approved April 25, 1984