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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 and may be sentenced as provided in subdivision 3.
How Minnesota measures the value of stolen property
For purposes of theft, 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.
For stolen checks or payment orders:
For purposes of theft prosecutions, value of property stolen for a check, draft, or other order for the payment of money means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order.
Penalty tiers under Minn. Stat. 609.52
Tier 1:
In all other cases where the value of the property or services stolen is $500 or less, 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.
Tier 2:
Whoever commits theft 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.
Tier 3:
Whoever commits theft 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.
Tier 4:
Whoever commits theft 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.
Tier 5:
Whoever commits theft 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.
Tier 6:
Whoever commits theft 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.
Tier 7:
Whoever commits theft 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.
Tier 8:
Whoever commits theft 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 and the $500 to $1,000 range
Whoever commits theft 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 this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.522; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, 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.
Source: Minn. Stat. 609.52, subd. 3(3)(c)
When theft creates a risk of bodily harm
If a violation of section 609.52 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.
If a violation of section 609.52 creates a reasonably foreseeable risk of bodily harm to another and the 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: how separate incidents combine into one charge
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 the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision.
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 offenses was committed for all of the offenses aggregated under this paragraph.
Source: Minn. Stat. 609.52, subd. 3
Motor vehicle theft and wage theft
Motor vehicle theft:
Whoever takes or drives 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, commits theft and may be sentenced as provided in subdivision 3.
Wage theft:
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, and wage theft is prosecuted under section 609.52.
Related charges that can arise alongside theft
Burglary in the first degree, which may involve entering a building without consent with intent to commit a crime (including theft) while another person not an accomplice is present, carries a sentence of up to 20 years or a fine of not more than $35,000, or both.
A person who violates the identity theft statute under section 609.527 may be sentenced under section 609.52, subdivision 3, clause (1) if the offense involves eight or more direct victims or if the total, combined loss to the direct and indirect victims is more than $35,000.
Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both.
Source: Minn. Stat. 609.582 | Source: Minn. Stat. 609.527 | Source: Minn. Stat. 609.04
Questions people ask about Minnesota theft charges
What is the difference between a misdemeanor and a felony theft charge in Minnesota?
In all other cases where the value of the property or services stolen is $500 or less, 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. Whoever commits theft 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. Whoever commits theft 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 multiple small thefts be combined into one felony charge?
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 the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision. 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 offenses was committed for all of the offenses aggregated under this paragraph.
Does a prior theft conviction make the new charge worse?
Whoever commits theft 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 this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.522; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, 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.
What if the theft involved a car but the car was worth less than $1,000?
Whoever commits theft 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.
What is wage theft and how is it charged?
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, and wage theft is prosecuted under section 609.52.
How does Minnesota decide the value of stolen property?
For purposes of theft, 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. For purposes of theft prosecutions, value of property stolen for a check, draft, or other order for the payment of money means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order.
Can a theft charge also become a burglary charge?
Burglary in the first degree, which may involve entering a building without consent with intent to commit a crime (including theft) while another person not an accomplice is present, carries a sentence of up to 20 years or a fine of not more than $35,000, or both. Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both.
Talk with Martine Law about your theft charge
Martine Law handles theft cases across the state. 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 15, 2026.
