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Under Minn. Stat. § 609.52, subd. 2(a)(1), whoever intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property commits theft.
How Minnesota defines “value” in a theft case
Under Minn. Stat. § 609.52, subd. 1(3), value means the retail market value at the time of the theft, or if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft.
Other conduct Minnesota treats as theft
Under Minn. Stat. § 609.52, subd. 2(a)(3), obtaining property or services by intentionally deceiving another person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person constitutes theft.
Under Minn. Stat. § 609.52, subd. 2(a)(18), whoever intentionally, and without claim of right, takes motor fuel from a retailer without the retailer’s consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle commits theft.
Penalty tiers
Under Minn. Stat. § 609.52, whoever commits theft may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, in all other cases where the value of the property or services stolen is $500 or less.
A misdemeanor means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.
Under Minn. Stat. § 609.52, subd. 3(4), whoever commits theft where the value of the property or services stolen is more than $500 but not more than $1,000 may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
A gross misdemeanor means any crime which is not a felony or misdemeanor, and the maximum fine which may be imposed for a gross misdemeanor is $3,000.
Under Minn. Stat. § 609.52, subd. 3(3)(a), whoever commits theft where the value of the property or services stolen is more than $1,000 but not more than $5,000 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.
Under Minn. Stat. § 609.52, subd. 3(2), theft of property or services exceeding $5,000 in value may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Under Minn. Stat. § 609.52, subd. 3(1), theft of a firearm, or theft where the value exceeds $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
A felony means a crime for which a sentence of imprisonment for one year or more may be imposed.
Circumstances that elevate a theft charge regardless of value
Prior theft convictions:
Under Minn. Stat. § 609.52, subd. 3(3)(c), theft of property or services worth more than $500 but not more than $1,000 may be sentenced under the five-year/felony provision if the person has been convicted within the preceding five years for an offense under that section or related sections and received a felony or gross misdemeanor sentence for the offense.
Property taken from a person:
Under Minn. Stat. § 609.52, subd. 3(3)(d), theft of property not more than $1,000 in value may still be sentenced under the five-year provision if the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse.
Motor vehicle theft:
Under Minn. Stat. § 609.52, subd. 3(3)(d)(v), theft of property not more than $1,000 in value is sentenced under the five-year provision if the property stolen is a motor vehicle.
Risk of bodily harm:
Under Minn. Stat. § 609.52, subd. 3a, if a violation of this section creates a reasonably foreseeable risk of bodily harm to another, and the penalty is a misdemeanor or a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
Aggregation
Under Minn. Stat. § 609.52, subd. 5, in prosecutions under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of money, property or services received by the defendant within any six-month period may be aggregated and the defendant charged accordingly.
Fines, minimum fine rules, and restitution
Under Minn. Stat. § 609.101, subd. 4(2), when a court sentences a person convicted of a gross misdemeanor or misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 30 percent of the maximum fine authorized by law nor more than the maximum fine authorized by law, unless the fine is set at a lower amount on a uniform fine schedule established by the Judicial Council.
Under Minn. Stat. § 609.101, subd. 5(a), the court may not waive payment of the minimum fine required by this section.
Under Minn. Stat. § 609.101, subd. 5(b), if the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship, the court may reduce the amount of the minimum fine to not less than $50, and may also permit the defendant to perform community work service in lieu of a fine.
Under Minn. Stat. § 611A.04, subd. 1(a), a victim of a crime has the right to receive restitution as part of the disposition of a criminal charge against the offender if the offender is convicted, and a request for restitution may include any out-of-pocket losses resulting from the crime, including medical and therapy costs, replacement of wages and services, and funeral expenses.
Source: Minn. Stat. § 609.101 | Source: Minn. Stat. § 611A.04
How a felony conviction can be recorded as a lesser offense
Under Minn. Stat. § 609.13, subd. 1, notwithstanding a conviction for a felony, the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02.
Questions people ask about Minnesota theft charges
What is the theft threshold for a felony in Minnesota?
Under Minn. Stat. § 609.52, subd. 3(3)(a), whoever commits theft where the value of the property or services stolen is more than $1,000 but not more than $5,000 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.
Can multiple small thefts be combined into a bigger charge?
Under Minn. Stat. § 609.52, subd. 5, in prosecutions under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of money, property or services received by the defendant within any six-month period may be aggregated and the defendant charged accordingly.
Does stealing a car count as a separate type of felony?
Under Minn. Stat. § 609.52, subd. 3(3)(d)(v), theft of property not more than $1,000 in value is sentenced under the five-year provision if the property stolen is a motor vehicle.
What if someone has a prior theft conviction on their record?
Under Minn. Stat. § 609.52, subd. 3(3)(c), theft of property or services worth more than $500 but not more than $1,000 may be sentenced under the five-year/felony provision if the person has been convicted within the preceding five years for an offense under that section or related sections and received a felony or gross misdemeanor sentence for the offense.
Does the judge have to impose a minimum fine?
Under Minn. Stat. § 609.101, subd. 5(a), the court may not waive payment of the minimum fine required by this section. Under Minn. Stat. § 609.101, subd. 5(b), if the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship, the court may reduce the amount of the minimum fine to not less than $50, and may also permit the defendant to perform community work service in lieu of a fine.
Can a felony theft charge end up on someone’s record as a misdemeanor?
Under Minn. Stat. § 609.13, subd. 1, notwithstanding a conviction for a felony, the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02.
Will I have to pay back the alleged victim?
Under Minn. Stat. § 611A.04, subd. 1(a), a victim of a crime has the right to receive restitution as part of the disposition of a criminal charge against the offender if the offender is convicted, and a request for restitution may include any out-of-pocket losses resulting from the crime, including medical and therapy costs, replacement of wages and services, and funeral expenses.
Talk with Martine Law about your theft charge
Acting early gives counsel time to review the facts before hearings arrive. Martine Law handles theft cases across Minnesota.
Call for a free, confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly. Phones and chat are answered 24/7, with AI covering when no staff is free. Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.
Prepared by the Martine Law editorial team; sources reviewed October 20, 2026.
