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256.98.1(a)(3)
Statute ID:
20390
Statute Function ID:
40500
Wrongfully Obtaining Assistance - Theft - Child Care Subsidy or Assistance
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Felony (F)
General Offense Code:
Property (2)
Offense Summary Code & Rank:
Counterfeiting/Fraud, etc (C) (Rank 23)
Detailed Offense Code:
Government Assistance Fraud/Theft (259)
Offense Severity Level:
Function Text:
UCR Code
Description
26D
Fraud Offenses-Welfare 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:
256.98.1(a)(3)
Enactment Date:
May 23, 2025
Effective Date:
Aug 1, 2025
Expiration Date:
Repealed?:
No
Summary Text:
Wrongfully Obtaining Assistance - Theft - Child Care Subsidy or Assistance
Statute ID:
20390
Created:
Jul 30, 2025 by mnjis.legal.analyst@state.mn.us
Updated:
Jul 30, 2025 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Summary Text:
Wrongfully Obtaining Assistance - Theft - Child Care Subsidy or Assistance
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/256/98.html
Legislative Session:
2025 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 30, 2025
(a) A person who commits any of the following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K, or 256L, child care assistance programs, and emergency assistance programs under section 256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses (1) to (5): (1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, by intentional concealment of any material fact, or by impersonation or other fraudulent device, assistance or the continued receipt of assistance, to include child care assistance or food benefits produced according to sections 145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94, and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that to which the person is entitled; (2) knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency; or (3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments to which the individual is not entitled as a provider of subsidized child care; by offering, providing, soliciting, or receiving illegal remuneration as described in section 142E.51, subdivision 6a, or in violation of section 609.542, subdivision 2; or by submitting or aiding and abetting the submission of a willfully false claim for child care assistance. (b) The continued receipt of assistance to which the person is not entitled or greater than that to which the person is entitled as a result of any of the acts, failure to act, or concealment described in this subdivision shall be deemed to be continuing offenses from the date that the first act or failure to act occurred.
