2004 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); 

    (4) if the offense involves more than three but not more 
 than seven 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); and 

    (5) if the offense involves eight or more direct victims, 
 or if the total, combined loss to the direct and indirect 
 victims is more than $35,000, the person may be sentenced as 
 provided in section 609.52, subdivision 3, clause (1). 

    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. 

    Subd. 5.    Reporting.  (a) A person who has learned or 
 reasonably suspects that a person is a direct victim of a crime 
 under subdivision 2 may initiate a law enforcement investigation 
 by contacting the local law enforcement agency that has 
 jurisdiction where the person resides, regardless of where the 
 crime may have occurred.  The agency must prepare a police 
 report of the matter, provide the complainant with a copy of 
 that report, and may begin an investigation of the facts, or, if 
 the suspected crime was committed in a different jurisdiction, 
 refer the matter to the law enforcement agency where the 
 suspected crime was committed for an investigation of the facts. 

    (b) If a law enforcement agency refers a report to the law 
 enforcement agency where the crime was committed, it need not 
 include the report as a crime committed in its jurisdiction for 
 purposes of information that the agency is required to provide 
 to the commissioner of public safety pursuant to section 299C.06.

    Subd. 6.    Venue.  Notwithstanding anything to the 
 contrary in section 627.01, an offense committed under 
 subdivision 2 may be prosecuted in: 

    (1) the county where the offense occurred; or 

    (2) the county of residence or place of business of the 
 direct victim or indirect victim. 

    Subd. 7.    Aggregation.  In any prosecution under 
 subdivision 2, the value of the money or property or services 
 the defendant receives or the number of direct or indirect 
 victims within any six-month period may be aggregated and the 
 defendant charged accordingly in applying the provisions of 
 subdivision 3; 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 subdivision. 

    HIST: 1999 c 244 s 2; 2000 c 354 s 3; 2003 c 106 s 1-3; 
 1Sp2003 c 2 art 8 s 9