Minnesota Theft vs. “Borrowing”: When Temporary Taking Becomes a Crime

Did you know that you don’t have to “steal” something permanently to face a theft charge? This is what you need to know.  

Even if you only meant to “borrow” an item, taking property without permission can still qualify as theft under Minnesota law. Understanding where the line is drawn can help you avoid serious criminal consequences.

Contact Martine Law Attorneys today. 

How Minnesota defines theft

Under Minn. Stat. § 609.52, a person commits theft if they:

• Take, use, transfer, conceal, or retain possession of someone else’s property without consent and with intent to deprive the owner of it. 

The law doesn’t require an intent to keep the property forever. Even temporary control without permission can be enough if the intent is to deprive the owner of use or benefit during that time.

When “borrowing” becomes theft

You may think of it as borrowing, but Minnesota courts may see it differently if:

1. No consent was given 
   • If you didn’t have permission, taking property “just for a little while” still counts as theft. 
2. The use deprived the owner 
   • If the owner couldn’t use their property when they needed it because you took it, that can be theft. 
3. The property was damaged or altered 
   • Returning an item broken or changed can show intent to deprive the owner of full use. 
4. The intent is questionable 
   • If circumstances suggest you planned to keep it, sell it, or hide it, prosecutors may argue that you intended theft—even if you later returned it. 

Don’t let a misunderstanding ruin your record. Contact Martine Law. 

Examples in everyday life

• Taking a friend’s car without asking: Even if you plan to return it, this can be charged as unauthorized use of a motor vehicle (a form of theft). 
• Using a co-worker’s credit card “just once”: Unauthorized credit card use is theft, regardless of whether you intended to pay it back. 
• Borrowing equipment from a workplace: If you didn’t get permission and the business suffered from losing access, that may be theft. 

Penalties for theft in Minnesota

Penalties depend on the value of the property and circumstances:

• Under $500: Misdemeanor, up to 90 days in jail and a $1,000 fine. 
• $500–$1,000: Gross misdemeanor, up to 1 year in jail and a $3,000 fine. 
• $1,000–$5,000: Felony, up to 5 years in prison and a $10,000 fine. 
• $5,000–$35,000: Felony, up to 10 years in prison and a $20,000 fine. 
• Over $35,000 or certain special property (like firearms): Felony, up to 20 years in prison and a $100,000 fine. 

(See Minn. Stat. § 609.52, subd. 3)

Defenses to theft charges

If you’re accused of theft but only meant to borrow something, defenses may include:

• Consent: Showing that the owner gave permission, even informally. 
• Lack of intent: Proving that you did not intend to deprive the owner of use or value. 
• Mistaken belief: If you reasonably believed you had the right to use the property. 

Key takeaways

• In Minnesota, “borrowing” without permission can still be charged as theft. 
• Intent to return an item is not always a defense if the owner was deprived of its use. 
• Theft penalties range from misdemeanors to serious felonies depending on value and circumstances. 
• If accused, it’s important to consult with a defense lawyer to examine intent, consent, and possible defenses. 

If you are facing allegations that are just not true, a misunderstanding, or a simple mistake, contact our lawyers and fight for your rights.