Theft of motor vehicle penalty enhancement provision

A bill for an act

relating to public safety; increasing penalty for theft of motor vehicle; amending

Minnesota Statutes 2024, section 609.52, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.52, subdivision 3, is amended to read:

Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) 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,
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paragraph (a),
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clause (3), (4), (15), (16), or (19), or section
609.2335, subdivision 1
, clause (1) or (2), item

(i); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than

$20,000, or both, if
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any of the following circumstances exist:
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(i)
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the value of the property or services stolen exceeds $5,000
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, or if
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; or
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(ii)
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the property stolen was
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:
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(A)
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an article representing a trade secret
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,
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;
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(B)
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an explosive or incendiary device
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, or
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;
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(C)
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a controlled substance listed in Schedule I or II pursuant to section
152.02
with the

exception of marijuana; or

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(D) a motor vehicle; or

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(3) to imprisonment for not more than five years or to payment of a fine of not more

than $10,000, or both, if any of the following circumstances exist:

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(a)
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(i)
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the value of the property or services stolen is more than $1,000 but not more than

$5,000; or

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(b)
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(ii)
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the property stolen was a controlled substance listed in Schedule III, IV, or V

pursuant to section
152.02
; or

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(c)
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(iii)
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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; or

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(d)
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(iv)
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the value of the property or services stolen is not more than $1,000, and any of

the following circumstances exist:

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(i)
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(A)
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the property is taken from the person of another or from a corpse, or grave or

coffin containing a corpse; or

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(ii)
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(B)
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the property is a record of a court or officer, or a writing, instrument or record

kept, filed or deposited according to law with or in the keeping of any public officer or

office; or

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(iii)
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(C)
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the property is taken from a burning, abandoned, or vacant building or upon its

removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,

or the proximity of battle; or

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(iv)
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(D)
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the property consists of public funds belonging to the state or to any political

subdivision or agency thereof; or

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(v) the property stolen is a motor vehicle; or

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(4) 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; or

(5) in all other cases where the value of the property or services stolen is $500 or less,

to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,

or both, provided, however, in any prosecution under subdivision 2,
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paragraph (a),
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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; provided that 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.

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EFFECTIVE DATE.

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This section is effective August 1, 2025, and applies to crimes

committed on or after that date.

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Sec. 2.
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REVISOR INSTRUCTION.
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The revisor of statutes, in consultation with the House Research Department and the

Office of Senate Counsel, Research and Fiscal Analysis, shall make cross-reference changes

to Minnesota Statutes, section 609.52, in Minnesota Statutes and Minnesota Rules.

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