How Much Must Be Stolen for a Felony in Minnesota?

How much a person has to steal to be charged with a felony in Minnesota depends mostly on value. In general, theft becomes a felony when the property or services stolen are worth more than $1,000, because that is where the maximum sentence reaches five years (Minn. Stat. § 609.52). Below that amount, theft is usually a misdemeanor or gross misdemeanor. Some exceptions, including the type of property taken and a recent prior conviction, can make a smaller theft a felony.

How Minnesota defines a felony

Minnesota sorts crimes by the sentence that may be imposed. A felony is a crime for which a sentence of imprisonment for one year or more may be imposed (Minn. Stat. § 609.02).

A misdemeanor is a crime with a maximum sentence of 90 days or a fine of not more than $1,000, or both (Minn. Stat. § 609.02). A gross misdemeanor is any crime that is neither a felony nor a misdemeanor (Minn. Stat. § 609.02).

The theft statute sets a different maximum sentence at each dollar level. The level of the charge therefore follows largely from the value of what was taken (Minn. Stat. § 609.52).

The dollar levels for theft

The theft statute ties the maximum sentence to the value of the property or services stolen (Minn. Stat. § 609.52):

• $500 or less: up to 90 days in jail or a fine of up to $1,000, or both (a misdemeanor-level sentence).

• More than $500 but not more than $1,000: up to 364 days or a fine of up to $3,000, or both (a gross misdemeanor-level sentence).

• More than $1,000 but not more than $5,000: up to five years or a fine of up to $10,000, or both.

• More than $5,000: up to ten years or a fine of up to $20,000, or both.

• More than $35,000: up to 20 years or a fine of up to $100,000, or both, but only for certain kinds of theft.

The $35,000 level applies to theft by false representation, swindling, diverting corporate property, unlawful corporate distributions, wage theft, and some financial exploitation of a vulnerable adult (Minn. Stat. § 609.52).

Because the top three levels allow sentences of one year or more, they are felonies under the definition above (Minn. Stat. § 609.02).

Smaller thefts that can still be felonies

Value is not the only factor. A theft of more than $500 but not more than $1,000 can carry up to five years if the person was convicted of a listed theft-related offense within the preceding five years and received a felony or gross misdemeanor sentence, or a stayed sentence for such an offense (Minn. Stat. § 609.52).

A theft of $1,000 or less also carries up to five years in certain circumstances (Minn. Stat. § 609.52):

• The property is taken from the person of another, or from a corpse, grave or coffin.

• The property is a court record or a writing or record kept with a public office.

• The property is taken from a burning, abandoned or vacant building, or from an area of disaster, riot or bombing.

• The property is public funds of the state or a political subdivision or agency.

• The property is a motor vehicle.

The kind of property can matter regardless of value. Theft of a firearm carries up to 20 years. Theft of a trade secret article, an explosive or incendiary device, or a Schedule I or II controlled substance other than marijuana carries up to ten years. Theft of a Schedule III, IV or V controlled substance carries up to five years (Minn. Stat. § 609.52).

Two enhancements can also raise a charge. If a theft creates a reasonably foreseeable risk of bodily harm to another, a misdemeanor or gross misdemeanor becomes a felony with a maximum of three years. If the person knew or had reason to know the victim was a vulnerable adult, a misdemeanor becomes a gross misdemeanor and a gross misdemeanor becomes a felony with a maximum of two years (Minn. Stat. § 609.52).

How value is measured and added together

Value generally means the retail market value at the time of the theft. If that cannot be determined, it means the cost of replacing the property within a reasonable time after the theft (Minn. Stat. § 609.52). For a check, draft or other order for payment, value is the amount of money promised or ordered to be paid (Minn. Stat. § 609.52).

Separate thefts can be combined. For several kinds of theft, the value of money, property or services received within any six-month period may be aggregated, and the person charged accordingly (Minn. Stat. § 609.52). The kinds covered include taking property, obtaining property by false representation, swindling, obtaining services without paying, and wage theft (Minn. Stat. § 609.52).

This means several smaller amounts can add up to more than $1,000 and support a felony-level charge. When offenses occur in two or more counties, the person may be prosecuted for all of them in any one of those counties (Minn. Stat. § 609.52).

Related crimes with different lines

Some crimes involving taking property use their own thresholds. For check forgery and offering a forged check, a felony-level sentence of up to five years applies when the property or services obtained, or the total face amount of the checks, is more than $250 but not more than $2,500. Amounts above $2,500 carry up to ten years, and amounts above $35,000 carry up to 20 years (Minn. Stat. § 609.631).

If the amount is $250 or less, the maximum is 364 days. It rises to five years if the person was convicted of a listed offense within the preceding five years and received a felony or gross misdemeanor sentence, or a stayed one (Minn. Stat. § 609.631).

Financial exploitation of a vulnerable adult is sentenced under the theft levels for some of its forms. Other forms carry up to 364 days. Values received within six months may be aggregated (Minn. Stat. § 609.2335).

Robbery has no dollar threshold. Taking personal property from a person or in a person's presence while using or threatening imminent force carries up to ten years (Minn. Stat. § 609.24).

Aggravated robbery in the first degree, which involves a dangerous weapon or bodily harm, carries up to 20 years. In the second degree, which involves implying possession of a dangerous weapon, it carries up to 15 years (Minn. Stat. § 609.245).