2001 Minnesota Statutes

     609.527 Identity theft. 

    Subdivision 1.    Definitions.  (a) As used in this 
 section, the following terms have the meanings given them in 
 this subdivision. 

    (b) "Direct victim" means any person or entity described in 
 section 611A.01, paragraph (b), whose identity has been 
 transferred, used, or possessed in violation of this section. 

    (c) "Identity" means any name, number, or data transmission 
 that may be used, alone or in conjunction with any other 
 information, to identify a specific individual, including any of 
 the following: 

    (1) a name, social security number, date of birth, official 
 government-issued driver's license or identification number, 
 government passport number, or employer or taxpayer 
 identification number; 

    (2) unique electronic identification number, address, 
 account number, or routing code; or 

    (3) telecommunication identification information or access 
 device. 

    (d) "Indirect victim" means any person or entity described 
 in section 611A.01, paragraph (b), other than a direct victim. 

    (e) "Loss" means value obtained, as defined in section 
 609.52, subdivision 1, clause (3), and expenses incurred by a 
 direct or indirect victim as a result of a violation of this 
 section. 

    (f) "Unlawful activity" means: 

    (1) any felony violation of the laws of this state or any 
 felony violation of a similar law of another state or the United 
 States; and 

    (2) any nonfelony violation of the laws of this state 
 involving theft, theft by swindle, forgery, fraud, or giving 
 false information to a public official, or any nonfelony 
 violation of a similar law of another state or the United States.

    Subd. 2.    Crime.  A person who transfers, possesses, 
 or uses an identity that is not the person's own, with the 
 intent to commit, aid, or abet any unlawful activity is guilty 
 of identity theft and may be punished as provided in subdivision 
 3. 

    Subd. 3.    Penalties.  A person who violates 
 subdivision 2 may be sentenced as follows: 

    (1) if the offense involves a single direct victim and the 
 total, combined loss to the direct victim and any indirect 
 victims is $250 or less, the person may be sentenced as provided 
 in section 609.52, subdivision 3, clause (5); 

    (2) if the offense involves a single direct victim and the 
 total, combined loss to the direct victim and any indirect 
 victims is more than $250 but not more than $500, the person may 
 be sentenced as provided in section 609.52, subdivision 3, 
 clause (4); 

    (3) if the offense involves two or three direct victims or 
 the total, combined loss to the direct and indirect victims is 
 more than $500 but not more than $2,500, the person may be 
 sentenced as provided in section 609.52, subdivision 3, clause 
 (3); and 

    (4) if the offense involves four or more direct victims, or 
 if the total, combined loss to the direct and indirect victims 
 is more than $2,500, the person may be sentenced as provided in 
 section 609.52, subdivision 3, clause (2). 

    Subd. 4.    Restitution.  A direct or indirect victim of 
 an identity theft crime shall be considered a victim for all 
 purposes, including any rights that accrue under chapter 611A 
 and rights to court-ordered restitution. 

    HIST: 1999 c 244 s 2; 2000 c 354 s 3