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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.
Offense classifications
- “Petty misdemeanor” means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.
- “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.
- “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.
- “Felony” means a crime for which a sentence of imprisonment for one year or more may be imposed.
Penalty tiers
- Under Minn. Stat. § 609.52, subd. 3(5), in all other cases where the value of the property or services stolen is $500 or less, the sentence may be imprisonment for not more than 90 days or a fine of not more than $1,000, or both.
- Under Minn. Stat. § 609.52, subd. 3(4), a person 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, if the value of the property or services stolen is more than $500 but not more than $1,000.
- Under Minn. Stat. § 609.52, subd. 3(3)(a), a person 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, if the value of the property or services stolen is more than $1,000 but not more than $5,000.
- Under Minn. Stat. § 609.52, subd. 3(2), a person 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, 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.
- Under Minn. Stat. § 609.52, subd. 3(1), a person 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, 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).
Source: Minn. Stat. § 609.52, subd. 3
Prior convictions
Under Minn. Stat. § 609.52, subd. 3(3)(c), a person 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, if 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 that section or certain listed sections and 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.
Source: Minn. Stat. § 609.52, subd. 3(3)(c)
Property type
- Under Minn. Stat. § 609.52, subd. 3(3)(d), a person 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, if the value of the property or services stolen is not more than $1,000 and the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse.
- Under Minn. Stat. § 609.52, subd. 3(3)(d)(v), a person 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, if the value of the property or services stolen is not more than $1,000 and the property stolen is a motor vehicle.
- Under Minn. Stat. § 609.52, subd. 3(3)(b), a person 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, if the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02.
Source: Minn. Stat. § 609.52, subd. 3(3)(b), (d)
Bodily harm enhancement
Under Minn. Stat. § 609.52, subd. 3a(1), if a violation of section 609.52 creates a reasonably foreseeable risk of bodily harm to another and the underlying 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.
Under Minn. Stat. § 609.52, subd. 3a(2), if a violation of section 609.52 creates a reasonably foreseeable risk of bodily harm to another and the underlying penalty is a felony, the statutory maximum sentence for the offense is 50 percent longer than for the underlying crime.
Source: Minn. Stat. § 609.52, subd. 3a
Aggregation
Under Minn. Stat. § 609.52, subd. 3(5), 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 those provisions within any six-month period may be aggregated and the defendant charged accordingly.
Source: Minn. Stat. § 609.52, subd. 3(5)
Mandatory fines
Under Minn. Stat. § 609.101, subd. 4(1), when a court sentences a person convicted of a felony that is not listed in subdivision 2 or 3, 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.
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 for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $50.
Source: Minn. Stat. § 609.101, subd. 4–5
Multiple offenses from one act
Under Minn. Stat. § 609.035, subd. 1, if a person’s conduct constitutes more than one offense under the laws of this state, the person may be punished for only one of the offenses and a conviction or acquittal of any one of them is a bar to prosecution for any other of them.
Source: Minn. Stat. § 609.035, subd. 1
Other forms of theft
Taking or driving a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent, constitutes theft under Minn. Stat. § 609.52.
Wage theft occurs when an employer with intent to defraud fails to pay an employee all wages, salary, gratuities, earnings, or commissions at the employee’s rate or rates of pay or at the rate or rates required by law, whichever rate of pay is greater.
Statute of limitations
- Under Minn. Stat. § 628.26(h), indictments or complaints for violation of section 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), where the value of the property or services stolen is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
- Under Minn. Stat. § 628.26(l), in all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
Questions people ask about Minnesota theft charges
What is the threshold between a misdemeanor and a felony theft charge in Minnesota?
Under Minn. Stat. § 609.52, subd. 3(3)(a), a person 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, if the value of the property or services stolen is more than $1,000 but not more than $5,000.
Can several smaller thefts be combined into one charge?
Under Minn. Stat. § 609.52, subd. 3(5), 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 those provisions within any six-month period may be aggregated and the defendant charged accordingly.
Does it matter what kind of property was stolen?
Yes. Under Minn. Stat. § 609.52, subd. 3(3)(d)(v), a person 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, if the value of the property or services stolen is not more than $1,000 and the property stolen is a motor vehicle. Under Minn. Stat. § 609.52, subd. 3(3)(b), a person 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, if the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02.
What happens if someone has a prior theft conviction?
Under Minn. Stat. § 609.52, subd. 3(3)(c), a person 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, if 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 that section or certain listed sections and 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.
What if the theft put someone at risk of physical harm?
Under Minn. Stat. § 609.52, subd. 3a(1), if a violation of section 609.52 creates a reasonably foreseeable risk of bodily harm to another and the underlying 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.
Can the court reduce a fine for someone who cannot afford it?
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 for the convicted person or that person’s immediate family, the court may reduce the amount of the minimum fine to not less than $50.
How does the state determine the value of what was stolen?
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.
How long does the state have to file charges?
Under Minn. Stat. § 628.26(l), in all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense. Under Minn. Stat. § 628.26(h), indictments or complaints for violation of section 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), where the value of the property or services stolen is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
Talk with Martine Law about theft charges
Acting early gives counsel time to review the facts before hearings are scheduled, and Martine Law handles these cases throughout Minnesota. Call for a free 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 19, 2026.
