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609.52.3(3)(b)
Statute ID:
19244
Statute Function ID:
38871
Theft - Controlled Substance schedule III, IV, or V
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Felony (F)
General Offense Code:
Property (2)
Offense Summary Code & Rank:
Theft (T) (Rank 24)
Detailed Offense Code:
Theft Statute (260)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
Yes
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.52.3(3)(b)
Enactment Date:
May 19, 2023
Effective Date:
Aug 1, 2023
Expiration Date:
Repealed?:
No
Summary Text:
Theft - Controlled Substance schedule III, IV, or V
Statute ID:
19244
Created:
Jul 13, 2023 by mnjis.legal.analyst@state.mn.us
Updated:
Nov 20, 2023 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Corrected
Legal Analyst Comment:
2023 Subd. 1 Revisor Instruction 2023 c 52 art 6 s 16. Changed "one year" to "364 days"
Summary Text:
Theft - Controlled Substance schedule III, IV, or V
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/52.html
Legislative Session:
2023 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 13, 2023
Whoever commits theft may be sentenced as follows: (1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or (2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or (3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist: (a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or (b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or (c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.522; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or (d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist: (i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or (ii) the property 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 (iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or (iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or (v) the property stolen is a motor vehicle; or (4) to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or (5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the money or property or services 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.
