Minnesota Legislature
Office of the Revisor of Statutes
MINNESOTA COURT RULES
SENTENCING GUIDELINES
7.Theft Offense List
It is recommended that the following property crimes be treated similarly. Below is the Theft Offense List cited for the Theft Crimes ($5,000 or less and over $5,000) in section 5.A Offense Severity Reference Table. The severity level for these offenses is based on the monetary amount of the conviction offense. The monetary amount is contained in the penalty statute as cited below:
Severity Level 2. When the monetary value of the Theft Crime is $5,000 or less, the penalty statute is Minnesota Statutes, section 609.52, subdivision 3(3)(a).
Severity Level 3. When the monetary value of the Theft Crime is over $5,000, the penalty statute is Minnesota Statutes, section 609.52, subdivision 3(2).
| Statute Number | Offense Title |
| 176.178 | Workers' Compensation Fraud |
| 256.98 | Wrongfully Obtaining Assistance |
| 268.182 | Unemployment Benefit Fraud |
| 268B.185* | Family and Medical Benefit Fraud |
| 393.07, subd. 10 | Federal Food Stamp Program |
| 471.392 | False Declaration of Claim |
| 514.02, subd. 1(b) | Non-payment for Improvement (Proceeds of Payments; Acts Constituting Theft) |
| 609.445 | Failure to Pay Over State Funds |
| 609.455 | Permitting False Claims Against Government |
| 609.465 | Presenting False Claims to Public Officer or Body |
| 609.52 | Theft of Public Funds |
| 609.52, subd. 2(a)(1) | Theft |
| 609.52, subd. 2(a)(2) | Taking Pledged Property |
| 609.52, subd. 2(a)(3)(i) | Theft By Check |
| 609.52, subd. 2(a)(3)(ii), (iii), (iv), & (v) | Theft By False Representation |
| 609.52, subd. 2(a)(4) | Theft By Trick |
| 609.52, subd. 2(a)(5) | Temporary Theft |
| 609.52, subd. 2(a)(6) | Refusing to Return Lost Property |
| 609.52, subd. 2(a)(7) | Theft from Coin Operated Machines |
| 609.52, subd. 2(a)(9) | Theft of Leased Property |
| 609.52, subd. 2(a)(10) & (11) | Altering Serial Number |
| 609.52, subd. 2(a)(12) | Theft of Cable TV Services |
| 609.52, subd. 2(a)(13) | Theft of Services |
| 609.52, subd. 2(a)(14) | Theft of Telecommunications Services |
| 609.52, subd. 2(a)(15) & (16) | Diversion of Corporate Property |
| 609.52, subd. 2(a)(19) | Wage Theft |
| 609.53 | Receiving Stolen Property |
| 609.611 | Defrauding Insurer |
| 609.615 | Defeating Security on Realty |
| 609.62 | Defeating Security on Personalty |
| 609.816 | Wrongful Employment at a Child Care Center |
| 609.82 | Fraud in Obtaining Credit |
* Effective January 1, 2026.