(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROPERTY. All forms of tangible property having a value of $500 or less, whether real or personal, movable or immovable, and without limitation, including documents of value, electricity, gas, water, domestic animals, dogs, pets, fowl and further including things growing on, affixed to or found in land.
PROPERTY OF ANOTHER. Property having a value of $500 or less in which the actor is co-owner or has a lien, pledge, bailment, or lease or other subordinate interest, and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife. It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, set-off or counterclaim.
VALUE. The market value at the time of the theft, or if the market value cannot be ascertained, cost of the replacement of the property within a reasonable time after the theft. For a theft committed within the meaning of divisions (B)(5)(a) and (B)(5)(b) below, if the property has been restored to the owner, VALUE means the value of the use of the property or the damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not exceeding the VALUE otherwise provided herein.
(B) Acts constituting theft. Whoever does any of the following commits theft and may be sentenced as provided in § 130.99(B):
(1) Intentionally and without claim or right takes, uses, transfers, conceals or retains possession of movable property of another without his or her consent and with intent to deprive the owner permanently of possession of the property;
(2) Having a legal interest in movable property, intentionally and without consent, takes property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property;
(3) Obtains for himself, herself or another the possession, custody, or title to property of a third person by intentionally deceiving him or her with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. FALSE REPRESENTATION includes without limitation:
(a) The issuance of a check, draft or order for the payment of money or the delivery of property knowing that he or she is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof;
(b) A promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or
(c) The unauthorized use of a credit card, credit plate, charge plate or other identification device issued by an organization to a person for use in purchasing goods on credit.
(4) By swindling, whether by artifice, trick, device or any other means, obtains property from another person;
(5) Intentionally commits any of the acts listed in this division but with intent to exercise temporary control only and:
(a) The control exercised manifests an indifference to the rights of the owner or the restoration of the property to him or her;
(b) He or she pledges or otherwise attempts to subject the property to an adverse claim; or
(c) He or she intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation.
(6) Finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to his or her own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to him or her; or
(7) Intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner.
(1973 Code, § 18-24) Penalty, see § 130.99
Statutory reference:
Receiving stolen property, see M.S. § 609.53
Theft, see M.S. § 609.52