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609.821.3(a)(3)(ii)
Statute ID:
19432
Statute Function ID:
39100
Finance Trans Card Fraud-Property Obtained
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Gross Misdemeanor (GM)
General Offense Code:
Property (2)
Offense Summary Code & Rank:
Counterfeiting/Fraud, etc (C) (Rank 23)
Detailed Offense Code:
Financial Transaction Card Fraud (261)
Offense Severity Level:
Function Text:
UCR Code
Description
26B
Fraud Offenses-Credit Card/Automatic Teller Machine Fraud
Flags
Crime of Violence:
No
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:
609.821.3(a)(3)(ii)
Enactment Date:
May 19, 2023
Effective Date:
Aug 1, 2023
Expiration Date:
Repealed?:
No
Summary Text:
Finance Trans Card Fraud-Property Obtained
Statute ID:
19432
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:
Finance Trans Card Fraud-Property Obtained
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/821.html
Legislative Session:
2023 - Regular
Session Law Text?:
No
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.
