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609.821.3(a)(1)

Statute ID: 19426

Statute Function ID: 39094

Financial Transaction Card Fraud Sentence-Violation subd. 2 (1), (2), (5), (8) or (9)

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Statute Number:

609.821.3(a)(1)

Enactment Date:

May 19, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Financial Transaction Card Fraud Sentence-Violation subd. 2 (1), (2), (5), (8) or (9)

Statute ID:

19426

Created:

Jul 17, 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:

Financial Transaction Card Fraud Sentence-Violation subd. 2 (1), (2), (5), (8) or (9)

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/821.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jul 17, 2023

(a) A person who commits financial transaction card fraud may be sentenced as follows:

(1) for a violation of subdivision 2, clause (1), (2), (5), (8), or (9):

(i) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the value of the property the person obtained or attempted to obtain was more than $35,000, or the aggregate amount of the transactions under this subdivision was more than $35,000; or

(ii) 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 the person obtained or attempted to obtain was more than $2,500, or the aggregate amount of the transactions under this subdivision was more than $2,500; or

(iii) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the property the person obtained or attempted to obtain was more than $250 but not more than $2,500, or the aggregate amount of the transactions under this subdivision was more than $250 but not more than $2,500; or

(iv) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the property the person obtained or attempted to obtain was not more than $250, or the aggregate amount of the transactions under this subdivision was not more than $250, and the person has previously been convicted within the preceding five years for an offense under this section, section 609.24; 609.245; 609.247; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute from another state 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

(v) 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 the person obtained or attempted to obtain was not more than $250, or the aggregate amount of the transactions under this subdivision was not more than $250;

(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both; or

(3) for a violation of subdivision 2, clause (6) or (7):

(i) if no property, other than a financial transaction card, has been obtained by the defendant by means of the false statement or false report, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or

(ii) if property, other than a financial transaction card, is so obtained, in the manner provided in clause (1).

(b) In any prosecution under paragraph (a), clause (1), the value of the transactions made or attempted within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this section. 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 card transactions occurred for all of the transactions aggregated under this paragraph.