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Minnesota Legislature

Office of the Revisor of Statutes

609.7475 FRAUDULENT OR OTHERWISE IMPROPER FINANCING STATEMENTS.

Subdivision 1.Definition.

As used in this section, "record" has the meaning given in section 336.9-102.

Subd. 2.Crime described.

A person who:

(1) knowingly causes to be presented for filing or promotes the filing of a record that:

(i) is not:

(A) related to a valid lien or security agreement; or

(B) filed pursuant to section 336.9-502(d); or

(ii) contains a forged signature or is based upon a document containing a forged signature; or

(2) presents for filing or causes to be presented for filing a record with the intent that it be used to harass or defraud any other person;

is guilty of a crime and may be sentenced as provided in subdivision 3.

Subd. 3.Penalties.

(a) Except as provided in paragraph (b), a person who violates subdivision 2 is guilty of a gross misdemeanor.

(b) A person who violates subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person:

(1) commits the offense with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against:

(i) a judicial officer, as defined in section 609.415;

(ii) a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding;

(iii) a sheriff or deputy sheriff because of that person's performance of official duties;

(iv) a police officer or chief of police because of that person's performance of official duties;

(v) an official or employee of the Department of Corrections or a local correctional agency because of that person's performance of official duties; or

(vi) a county recorder because of that person's performance of official duties in connection with the filing of liens placed on real property; or

(2) commits the offense after having been previously convicted of a violation of this section.

Subd. 4.Venue.

A violation of this section may be prosecuted in either the county of residence of the individual listed as debtor or the county in which the filing is made.