reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.815 — Misconduct Of Junk Or Secondhand Dealer.

609.815 MISCONDUCT OF JUNK OR SECONDHAND DEALER.
Whoever is a junk dealer or secondhand dealer and does any of the following is guilty of a misdemeanor:
(1) has stolen goods in possession and refuses to permit a law enforcement officer to examine them during usual business hours; or
(2) purchases property from a person under lawful age, without the written consent of the person's parent or guardian.
History:
1963 c 753 art 1 s 609.815; 1971 c 23 s 84; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.816 — Wrongful Employment At A Child Care Center.

609.816 WRONGFUL EMPLOYMENT AT A CHILD CARE CENTER.
A person is guilty of a crime and may be sentenced as provided in section 609.52, subdivision 3, clauses (1) to (5), if the person:
(1) is a child care center owner, director, manager, license holder, or other controlling individual or agent of a child care center;
(2) engages in the recruitment or screening of potential employees or applicants or instructs other persons engaged in the recruitment or screening of potential employees or applicants; and
(3) requires, as a condition of obtaining or continuing employment at the child care center, in order to obtain child care assistance program funds, that the applicant, potential employee, or employee has one or more children who are eligible for or receive child care assistance.
History:
2015 c 78 art 4 s 59
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.82 — Fraud In Obtaining Credit.

609.82 FRAUD IN OBTAINING CREDIT.
A person who, with intent to defraud, obtains personal credit or credit for another from a bank, trust company, savings association, or credit union, by means of a present or past false representation as to the person's or another's financial ability may be sentenced as follows:
(1) if no money or property is obtained by the defendant by means of such credit, to imprisonment for not more than 90 days or to payment of a fine of not more than $300, or both; or
(2) if money or property is so obtained, the value thereof shall be determined as provided in section 609.52, subdivision 1, clause (3) and the person obtaining the credit may be sentenced as provided in section 609.52, subdivision 3.
History:
1963 c 753 art 1 s 609.82; 1971 c 23 s 85; 1986 c 444; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.822 — Residential Mortgage Fraud.

609.822 RESIDENTIAL MORTGAGE FRAUD.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given.
(b) "Mortgage lending process" means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Documents involved in the mortgage lending process include, but are not limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures.
(c) "Residential mortgage loan" has the meaning given in section 58.02, subdivision 18.
Subd. 2.
Residential mortgage fraud prohibited.
Whoever does any of the following commits residential mortgage fraud and may be sentenced as provided in subdivision 3:
(1) knowingly makes or causes to be made any deliberate and material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
(2) knowingly uses or facilitates the use of any deliberate and material misstatement, misrepresentation, or omission, knowing the same to contain a material misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; or
(3) conspires to violate clause (1) or (2).
An offense of residential mortgage fraud must not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.
Subd. 3.
Sentence.
Whoever violates this section shall be sentenced as provided in section 609.52, subdivision 3, based on the aggregate economic loss suffered by any person as a result of the violation. However, the maximum sentence of imprisonment for the offense may not exceed two years. A person convicted of a violation of this section shall be ordered to pay restitution to persons aggrieved by the violation. Restitution shall be ordered in addition to a fine or imprisonment but not in lieu of a fine or imprisonment. Nothing in this section limits the power of the state to punish any person for conduct which constitutes a crime under any other statute.
Subd. 4.
Vulnerable victim.
If the person who violates subdivision 2 knew or had reason to know that the victim was vulnerable due to age, infirmity, or reduced physical or mental capacity, the court may order an aggravated departure under the sentencing guidelines.
History:
2007 c 74 s 7; 2008 c 215 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.825 — Bribery Of Participant Or Official In Contest.

609.825 BRIBERY OF PARTICIPANT OR OFFICIAL IN CONTEST.
Subdivision 1.
Definition.
As used in this section, "official" means one who umpires, referees, judges, officiates or is otherwise designated to render decisions concerning the conduct or outcome of any contest included herein.
Subd. 2.
Acts prohibited.
Whoever does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) offers, gives, or agrees to give, directly or indirectly, any benefit, reward or consideration to a participant, manager, director, or other official, or to one who intends to become such participant or official, in any sporting event, race or other contest of any kind whatsoever with intent thereby to influence such participant not to use the participant's best effort to win or enable the participant's team to win or to attain a maximum score or margin of victory, or to influence such official in decisions with respect to such contest; or
(2) requests, receives, or agrees to receive, directly or indirectly, any benefit, reward or consideration upon the understanding that the actor will be so influenced as such participant or official.
Subd. 3.
Duty to report.
Whoever is offered or promised such benefit, reward or consideration upon the understanding to be so influenced as such participant or official and fails promptly to report the same to the offeree's or promisee's employer, manager, coach, or director, or to a county attorney may be punished by imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
1963 c 753 art 1 s 609.825; 1984 c 628 art 3 s 11; 1986 c 444; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.83 — Falsely Impersonating Another.

609.83 FALSELY IMPERSONATING ANOTHER.
Whoever does either of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) assumes to enter into a marriage relationship with another by falsely impersonating a third person; or
(2) by falsely impersonating another with intent to defraud the other or a third person, appears, participates, or executes an instrument to be used in a judicial proceeding.
History:
1963 c 753 art 1 s 609.83; 1984 c 628 art 3 s 11; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.833 — Misrepresentation Of Service Animal.

609.833 MISREPRESENTATION OF SERVICE ANIMAL.
Subdivision 1.
Definitions.
As used in this section:
(1) "place of public accommodation" has the meaning given in section 363A.03, subdivision 34; and
(2) "service animal" has the meaning given in Code of Federal Regulations, title 28, section 36.104, as amended through March 1, 2018.
Subd. 2.
Prohibited conduct.
A person may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that person's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges.
Subd. 3.
Penalty.
(a) Except as provided in paragraph (b), a person who violates subdivision 2 is guilty of a petty misdemeanor.
(b) A person who violates subdivision 2 a second or subsequent time is guilty of a misdemeanor.
Subd. 4.
Notice.
(a) A conspicuous sign may be posted in a location accessible to public view in a place of public accommodation that contains the following, or substantially similar, language:
"NOTICE
Service Animals Welcome. It is illegal for a person to misrepresent an animal in that person's possession as a service animal."
(b) The Council on Disability may prepare and make available to businesses a brochure detailing permissible questions a business owner may ask to determine whether an animal is a service animal, proper answers to those questions, and guidelines defining unacceptable behavior.
History:
2018 c 106 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.849 — Railroad That Obstructs Treatment Of Injured Worker.

609.849 RAILROAD THAT OBSTRUCTS TREATMENT OF INJURED WORKER.
(a) It shall be unlawful for a railroad or person employed by a railroad to intentionally:
(1) deny, delay, or interfere with medical treatment or first aid treatment to an employee of a railroad who has been injured during employment; or
(2) discipline, harass, or intimidate an employee to discourage the employee from receiving medical attention or threaten to discipline an employee who has been injured during employment for requesting medical treatment or first aid treatment.
(b) Nothing in this section shall deny a railroad company or railroad employee from making a reasonable inquiry of an injured employee about the circumstance of an injury in order to gather information necessary to identify a safety hazard.
(c) It is not a violation under this section for a railroad company or railroad employee to enforce safety regulations.
(d) A railroad or a person convicted of a violation of paragraph (a), clause (1) or (2), is guilty of a misdemeanor and may be fined not more than $1,000 but is not subject to an incarcerative sanction.
History:
2005 c 136 art 17 s 50; 1Sp2005 c 1 art 4 s 116
NOTE:
Paragraph (a), clause (1), was found preempted by the federal Railroad Safety Act in
BNSF Railway Co. v. Swanson
, 533 F.3d 618 (8th Cir. 2008).
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.85 — Crimes Against Railroad Employees And Property; Penalty.

609.85 CRIMES AGAINST RAILROAD EMPLOYEES AND PROPERTY; PENALTY.
Subdivision 1.
Intent to cause derailment.
Whoever throws or deposits any type of debris, waste material, or other obstruction on any railroad track or whoever causes damage or causes another person to damage, tamper, change or destroy any railroad track, switch, bridge, trestle, tunnel, signal or moving equipment used in providing rail services, with intention to cause injury, accident or derailment, is guilty of a felony.
Subd. 2.
Foreseeable risk.
Whoever intentionally throws or deposits any type of debris, waste material, or other obstruction on any railroad track or whoever intentionally causes damage or causes another person to damage, tamper, change or destroy any railroad track, switch, bridge, trestle, tunnel, signal or moving equipment used in providing rail services, which creates a reasonably foreseeable risk of any injury, accident or derailment, is guilty of a gross misdemeanor.
Subd. 3.
Shooting at train.
Whoever intentionally shoots a firearm at any portion of a railroad train, car, caboose, engine or moving equipment so as to endanger the safety of another is guilty of a gross misdemeanor.
Subd. 4.
Throwing objects at train.
Whoever intentionally throws, shoots or propels any stone, brick or other missile at any railroad train, car, caboose, engine or moving equipment, so as to endanger the safety of another is guilty of a gross misdemeanor.
Subd. 5.
Placing obstruction on track.
Whoever places an obstruction on a railroad track is guilty of a misdemeanor.
Subd. 6.
Trespass; allowing animals on track; exception.
Whoever intentionally trespasses, or who permits animals under the person's control to trespass on a railroad track, yard, or bridge is guilty of a misdemeanor. This subdivision does not apply to an elected union official's access to those facilities when acting in an official capacity, to an employee acting within the scope of employment, or to a person with written permission from the railroad company to enter upon the railroad facility.
History:
1977 c 179 s 1; 1989 c 5 s 11; 2008 c 350 art 2 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.851 — False Traffic Signal.

609.851 FALSE TRAFFIC SIGNAL.
Subdivision 1.
Misdemeanor.
A person is guilty of a misdemeanor if the person exhibits a false light or signal or interferes with a light, signal, or sign controlling or guiding traffic on a highway, railroad track, navigable waters, or in the air.
Subd. 2.
Felony.
A person who violates subdivision 1 and knows that doing so creates a risk of death or bodily harm or serious property damage is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
1989 c 5 s 12
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.856 — Use Of Police Radios During Commission Of Crime; Penalties.

609.856 USE OF POLICE RADIOS DURING COMMISSION OF CRIME; PENALTIES.
Subdivision 1.
Acts constituting.
Whoever has in possession or uses a radio or device capable of receiving or transmitting a police radio signal, message, or transmission of information used for law enforcement purposes, while in the commission of a felony or violation of section 609.487 or the attempt to commit a felony or violation of section 609.487, is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both. Notwithstanding section 609.04, a prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 2.
Forfeiture.
A radio or device defined in subdivision 1 that is used in the commission of a felony or violation of section 609.487 or attempt to commit a felony or violation of section 609.487 is contraband property and subject to the forfeiture provisions of section 609.531.
History:
1987 c 111 s 2; 1993 c 326 art 4 s 35
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.857 — Discharging A Laser At An Aircraft.

609.857 DISCHARGING A LASER AT AN AIRCRAFT.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given.
(b) "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, but excluding parachutes.
(c) "Laser" means both of the following:
(1) any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
(2) any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.
Subd. 2.
Crime.
Whoever knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight is guilty of a gross misdemeanor.
Subd. 3.
Exceptions.
This section does not apply to the following individuals who aim and discharge a laser or other device at an aircraft:
(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations; or
(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
Subd. 4.
Defense.
It is an affirmative defense to a charge under this section if the defendant proves by a preponderance of the evidence that the defendant intended to send an emergency distress signal.
History:
2009 c 73 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.86 — Commercial Bribery.

609.86 COMMERCIAL BRIBERY.
Subdivision 1.
Definition.
"Corruptly" means that the actor intends the action to injure or defraud:
(1) the actor's employer or principal; or
(2) the employer or principal of the person to whom the actor offers, gives or agrees to give the bribe or from whom the actor requests, receives or agrees to receive the bribe.
Subd. 2.
Acts constituting.
Whoever does any of the following, when not consistent with usually accepted business practices, is guilty of commercial bribery and may be sentenced as provided in subdivision 3:
(1) corruptly offers, gives, or agrees to give, directly or indirectly, any benefit, consideration, compensation, or reward to any employee, agent or fiduciary of a person with the intent to influence the person's performance of duties as an employee, agent, or fiduciary in relation to the person's employer's or principal's business; or
(2) being an employee, agent or fiduciary of a person, corruptly requests, receives or agrees to receive, directly or indirectly, from another person any benefit, consideration, compensation, or reward with the understanding or agreement to be influenced in the performance of duties as an employee, agent, or fiduciary in relation to the employer's or principal's business.
Subd. 3.
Sentence.
Whoever commits commercial bribery may be sentenced as follows:
(1) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the benefit, consideration, compensation or reward is greater than $500;
(2) in all other cases where the value of the benefit, consideration, compensation or reward is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000; provided, however, in any prosecution of the value of the benefit, consideration, compensation or reward received by the defendant 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, or all of the offenses aggregated under this clause.
History:
1982 c 442 s 1; 1984 c 628 art 3 s 11; 1986 c 444; 1989 c 290 art 6 s 22; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.88 — Computer Damage.

609.88 COMPUTER DAMAGE.
Subdivision 1.
Acts.
Whoever does any of the following is guilty of computer damage and may be sentenced as provided in subdivision 2:
(a) intentionally and without authorization damages or destroys any computer, computer system, computer network, computer software, or any other property specifically defined in section 609.87, subdivision 6;
(b) intentionally and without authorization or with intent to injure or defraud alters any computer, computer system, computer network, computer software, or any other property specifically defined in section 609.87, subdivision 6; or
(c) distributes a destructive computer program, without authorization and with intent to damage or destroy any computer, computer system, computer network, computer software, or any other property specifically defined in section 609.87, subdivision 6.
Subd. 2.
Penalty.
Whoever commits computer damage may be sentenced as follows:
(a) to imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the damage, destruction or alteration results in a loss in excess of $2,500, to the owner, or the owner's agent, or lessee;
(b) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the damage, destruction or alteration results in a loss of more than $500, but not more than $2,500 to the owner, or the owner's agent or lessee; or
(c) in all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
History:
1982 c 534 s 2; 1984 c 628 art 3 s 11; 1986 c 444; 1989 c 159 s 2; 1994 c 636 art 2 s 51; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.89 — Computer Or Electronic Data Theft.

609.89 COMPUTER OR ELECTRONIC DATA THEFT.
Subdivision 1.
Acts.
Whoever does any of the following is guilty of computer or electronic data theft and may be sentenced as provided in subdivision 2:
(1) intentionally and without authorization or claim of right accesses or causes to be accessed any computer, computer system, computer network or any part thereof for the purpose of obtaining services or property;
(2) intentionally and without claim of right, and with intent to deprive the owner of use or possession, takes, transfers, conceals or retains possession of any computer, computer system, or any computer software or data contained in a computer, computer system, or computer network;
(3) intentionally and without authorization or claim of right accesses or copies any computer software or electronic data and uses, alters, transfers, retains, or publishes the computer software or electronic data; or
(4) intentionally retains copies of any computer software or electronic data beyond the individual's authority.
Subd. 2.
Penalty.
Anyone who commits computer or electronic data theft may be sentenced as follows:
(1) to imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $2,500;
(2) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $500 but not more than $2,500; or
(3) in all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
History:
1982 c 534 s 3; 1984 c 628 art 3 s 11; 1986 c 444; 1994 c 636 art 2 s 52; 2004 c 228 art 1 s 72; 2023 c 52 art 5 s 48
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.891 — Unauthorized Computer Access.

609.891 UNAUTHORIZED COMPUTER ACCESS.
Subdivision 1.
Crime.
A person is guilty of unauthorized computer access if the person intentionally and without authorization attempts to or does penetrate a computer security system or electronic terminal.
Subd. 2.
Felony.
(a) A person who violates subdivision 1 in a manner that creates a grave risk of causing the death of a person is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who is convicted of a second or subsequent gross misdemeanor violation of subdivision 1 is guilty of a felony and may be sentenced under paragraph (a).
(c) A person who violates subdivision 1 by accessing, or attempting to access, an electronic terminal through opening any panel or access door without authorization and placing or attaching, or attempting to place or attach, an electronic device to capture, store, or communicate access device information is guilty of a felony.
Subd. 3.
Gross misdemeanor.
(a) A person who violates subdivision 1 in a manner that creates a risk to public health and safety is guilty of a gross misdemeanor and may be sentenced to imprisonment for a term of not more than 364 days or to payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1 in a manner that compromises the security of data that are protected under section 609.52, subdivision 2, paragraph (a), clause (8), or are not public data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(c) A person who violates subdivision 1 and gains access to personal data is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(d) A person who is convicted of a second or subsequent misdemeanor violation of subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(e) A person who violates subdivision 1 by accessing, or attempting to access, an electronic terminal through opening, or attempting to open, any panel or access door without authorization is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
Subd. 4.
Misdemeanor.
A person who violates subdivision 1 is guilty of a misdemeanor and may be sentenced to imprisonment for a term of not more than 90 days or to payment of a fine of not more than $1,000, or both.
History:
1989 c 95 s 4; 1993 c 326 art 13 s 34; 2004 c 228 art 1 s 72; 2006 c 260 art 1 s 34,35; 2018 c 123 s 4-6; 2020 c 83 art 1 s 95; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.8911 — Reporting Violations.

609.8911 REPORTING VIOLATIONS.
A person who has reason to believe that any provision of section 609.88, 609.89, or 609.891 is being or has been violated shall report the suspected violation to the prosecuting authority in the county in which all or part of the suspected violation occurred. A person who makes a report under this section is immune from any criminal or civil liability that otherwise might result from the person's action, if the person is acting in good faith.
History:
1994 c 636 art 2 s 53
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.8912 — Criminal Use Of Encryption.

609.8912 CRIMINAL USE OF ENCRYPTION.
Subdivision 1.
Crime.
Whoever intentionally uses or attempts to use encryption to do any of the following is guilty of criminal use of encryption and may be sentenced as provided in subdivision 2:
(1) to commit, further, or facilitate conduct constituting a crime;
(2) to conceal the commission of any crime;
(3) to conceal or protect the identity of a person who has committed any crime; or
(4) to prevent, impede, delay, or disrupt the normal operation or use of another's computer, computer program, or computer system.
Subd. 2.
Penalties.
(a) A person who violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
(2) the person has two or more prior convictions for an offense under this section, section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories.
(b) A person who violates subdivision 1, under circumstances not described in paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
2006 c 260 art 1 s 36; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.8913 — Facilitating Access To Computer Security System.

609.8913 FACILITATING ACCESS TO COMPUTER SECURITY SYSTEM.
A person is guilty of a gross misdemeanor if the person knows or has reason to know that by facilitating access to a computer security system the person is aiding another who intends to commit a crime and in fact commits a crime. For purposes of this section, "facilitating access" includes the intentional disclosure of a computer password, identifying code, personal information number, or other confidential information about a computer security system which provides a person with the means or opportunity for the commission of a crime.
History:
2006 c 260 art 1 s 37
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.892 — Definitions.

609.892 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 237.73, 609.892, and 609.893.
Subd. 2.
Access device.
"Access device" means a card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain telecommunications service.
Subd. 3.
Credit card number.
"Credit card number" means the card number appearing on a credit card that is an identification card or plate issued to a person by a supplier of telecommunications service that permits the person to whom the card has been issued to obtain telecommunications service on credit. The term includes the number or description of the card or plate even if the card or plate itself is not produced when obtaining telecommunications service.
Subd. 4.
Telecommunications device.
"Telecommunications device" means an instrument, apparatus, equipment mechanism, operating procedure, or code designed or adapted for a particular use and that is intended or can be used in violation of section 609.893. The term includes but is not limited to computer hardware, software, programs, electronic mail system, voice mail system, identification validation system, private branch exchange, or any other means of facilitating telecommunications service.
Subd. 5.
Telecommunications provider.
"Telecommunications provider" means a person, firm, association, or a corporation, private or municipal, owning, operating, or managing facilities used to provide telecommunications service.
Subd. 6.
Telecommunications service.
"Telecommunications service" means a service that, in exchange for a pecuniary consideration, provides or offers to provide transmission of messages, signals, facsimiles, or other communication between persons who are physically separated from each other by telephone, telegraph, cable, wire, fiber optic cable, or the projection of energy without physical connection. This term applies when the telecommunications service originates or ends or both originates and ends in this state.
Subd. 7.
Telephone company.
"Telephone company" means a telecommunications provider that provides local exchange telecommunications service.
History:
1990 c 494 s 5; 1991 c 199 art 1 s 86
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.893 — Telecommunications And Information Services Fraud; Crime Defined.

609.893 TELECOMMUNICATIONS AND INFORMATION SERVICES FRAUD; CRIME DEFINED.
Subdivision 1.
Obtaining services by fraud.
A person commits telecommunications and information services fraud and may be sentenced as provided in subdivision 3 if the person, with intent to evade a lawful charge, obtains telecommunications service for the person's own use by any fraudulent means.
Subd. 2.
Facilitation of telecommunications fraud.
A person commits a felony and may be sentenced as provided in subdivision 4 who:
(1) makes available to another, or offers or advertises to make available, a telecommunications device or information in order to facilitate violation of subdivision 1 by another; or
(2) makes, assembles, or possesses a telecommunications device that is designed or adapted to violate subdivision 1 or to conceal from a provider of telecommunications service or from a lawful authority, the existence or place of origin or destination of telecommunications service.
Subd. 3.
Fraud.
(a) Whoever commits telecommunications and information services fraud in violation of subdivision 1 may be sentenced as follows:
(1) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the services is in excess of $2,500;
(2) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the services is more than $500 but not more than $2,500; or
(3) in all other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
(b) Amounts involved in a violation of paragraph (a) under one scheme or course of conduct, whether from the same credit card number or several credit card numbers, may be aggregated in determining the classification of the offense.
Subd. 4.
Facilitation of fraud.
Whoever violates subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
History:
1990 c 494 s 6; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.896 — Criminal Use Of Real Property.

609.896 CRIMINAL USE OF REAL PROPERTY.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
(c) "Convicted" includes a conviction for a similar offense under the law of another state or the federal government.
(d) "Motion picture theater" means a movie theater, screening room, or other venue when used primarily for the exhibition of a motion picture.
Subd. 2.
Crime.
(a) Any person in a motion picture theater while a motion picture is being exhibited who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the motion picture theater is guilty of criminal use of real property.
(b) If a person is convicted of a first offense, it is a misdemeanor.
(c) If a person is convicted of a second offense, it is a gross misdemeanor.
(d) If a person is convicted of a third or subsequent offense, it is a felony and the person may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.
Subd. 3.
Detaining suspects.
An owner or lessee of a motion picture theater is a merchant for purposes of section 629.366.
Subd. 4.
Exception.
This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence-gathering employee or agent of the state or federal government from operating any audiovisual recording device in a motion picture theater where a motion picture is being exhibited, as part of lawfully authorized investigative, law enforcement protective, or intelligence gathering activities.
Subd. 5.
Not preclude alternative prosecution.
Nothing in this section prevents prosecution under any other provision of law.
History:
2005 c 136 art 17 s 51
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.901 — Construction Of Racketeering Provisions.

609.901 CONSTRUCTION OF RACKETEERING PROVISIONS.
Sections 609.902 to 609.912 shall be liberally construed to achieve their remedial purposes of curtailing racketeering activity and controlled substance crime and lessening their economic and political power in Minnesota.
History:
1989 c 286 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.903 — Racketeering.

609.903 RACKETEERING.
Subdivision 1.
Crime.
A person is guilty of racketeering if the person:
(1) is employed by or associated with an enterprise and intentionally conducts or participates in the affairs of the enterprise by participating in a pattern of criminal activity;
(2) acquires or maintains an interest in or control of an enterprise, or an interest in real property, by participating in a pattern of criminal activity; or
(3) participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise or in real property.
Subd. 2.
Permitted activities.
For purposes of this section, it is not unlawful to:
(1) purchase securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer, or of assisting another to do so, if the securities of the issuer held by the purchaser, the members of the purchaser's immediate family, and the purchaser's accomplices in a pattern of criminal activity do not amount in the aggregate to five percent of the outstanding securities of any one class and do not confer, either in the law or in fact, the power to elect one or more directors of the issuer;
(2) make a deposit in an account maintained in a savings association, or a deposit in any other financial institution, that creates an ownership interest in that association or institution; or
(3) purchase nonvoting shares in a limited partnership, with intent to make an investment, and without the intent of controlling or participating in the control of the partnership.
History:
1989 c 286 s 7; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.904 — Criminal Penalties.

609.904 CRIMINAL PENALTIES.
Subdivision 1.
Penalty.
A person convicted of violating section 609.903 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $1,000,000, or both.
Subd. 2.
Fine.
In lieu of the fine authorized by subdivision 1, a person convicted of violating section 609.903, who received economic gain from the act or caused economic loss or personal injury during the act, may be sentenced to pay a fine calculated under this subdivision. The maximum fine is three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property forfeited under section 609.905. The district court shall hold a hearing to determine the amount of the fine authorized by this subdivision. In imposing a fine, the court shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which the person engaged, its impact on victims and any legitimate enterprise involved in that conduct, as well as the economic circumstances of the convicted person, including the effect of the imposition of the fine on the person's immediate family. For purposes of this subdivision, loss does not include pain and suffering.
Subd. 3.
Injunctive relief.
After the entry of a judgment that includes a fine or an order of criminal forfeiture under section 609.905, the district court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take other action, including the appointment of a receiver, that the court deems proper to protect the interests of the prosecuting authority in collecting the money or forfeiture or an innocent party.
Subd. 4.
Disposition of fine proceeds.
The court shall apply fines collected under this section to the costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution and the balance, if any, as provided under section 574.34.
Subd. 5.
Restitution.
In a settlement discussion or before the imposition of a sentence under this section, the prosecuting authority shall vigorously advocate full and complete restitution to an aggrieved person. Before the acceptance of a plea or after a verdict but before the imposition of a sentence under this section, the district court must ensure that full and complete restitution has been duly effected or that a satisfactory explanation of why it is impractical has been made to the court.
History:
1989 c 286 s 8
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.905 — Criminal Forfeiture.

609.905 CRIMINAL FORFEITURE.
Subdivision 1.
Forfeiture.
When a person is convicted of violating section 609.903, the court may order the person to forfeit to the prosecuting authority any real or personal property subject to forfeiture under this section. Property subject to forfeiture is real and personal property that was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of section 609.903. A court may not order the forfeiture of property that has been used to pay reasonable attorney fees in connection with a criminal proceeding under section 609.903. The term includes property constituting an interest in or means of control or influence over the enterprise involved in the violation of section 609.902 and any property constituting proceeds derived from the violation of section 609.902, including:
(1) a position, office, appointment, tenure, commission, or employment contract that was acquired or maintained in violation of section 609.903 or through which the person conducted or participated in the conduct of the affairs of an enterprise in violation of section 609.903 or that afforded the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of section 609.903;
(2) any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract described in this section that accrued to the person during the period of conduct in violation of section 609.903;
(3) any interest in, security of, claim against, or property or contractual right affording the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of section 609.903; and
(4) any amount payable or paid under any contract for goods or services that was awarded or performed in violation of section 609.903.
Subd. 2.
Other property of defendant.
The district court may order criminal forfeiture of any other property of the defendant up to the value of the property that is unreachable if any property subject to criminal forfeiture under subdivision 1:
(1) cannot be located;
(2) has been sold to a bona fide purchaser for value;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value by the conduct of the defendant;
(5) has been commingled with other property that cannot be divided without difficulty or undue injury to innocent persons; or
(6) is otherwise unreachable without undue injury to an innocent person.
Subd. 3.
Reporting.
The prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
History:
1989 c 286 s 9; 2010 c 391 s 20
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.908 — Disposition Of Forfeiture Proceeds.

609.908 DISPOSITION OF FORFEITURE PROCEEDS.
Subdivision 1.
Disposition alternatives.
After making due provisions for the rights of innocent persons, the prosecuting authority shall, as soon as feasible, dispose of all property ordered forfeited under section 609.905 by:
(1) public sale;
(2) transfer to a state governmental agency for official use;
(3) sale or transfer to an innocent person; or
(4) destruction, if the property is not needed for evidence in a pending criminal or civil proceeding.
Subd. 2.
No reversion to defendant.
An interest in personal or real property not exercisable by or transferable for value by the prosecuting authority expires and does not revert to the defendant. Forfeited property may not be purchased by the defendant, relative of the defendant, or any person acting in concert with the defendant or on the defendant's behalf.
Subd. 3.
Sale proceeds.
The proceeds of a sale or other disposition of forfeited property under this section whether by final judgment, settlement, or otherwise, must be applied as follows:
(1) to the fees and costs of the forfeiture and sale including expenses of seizure, maintenance, and custody of the property pending its disposition, advertising, and court costs;
(2) to all costs and expenses of investigation and prosecution including costs of resources and personnel incurred in investigation and prosecution; and
(3) the balance to the appropriate agencies under section 609.5315, subdivision 5.
History:
1989 c 286 s 11
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.909 — Additional Relief Available.

609.909 ADDITIONAL RELIEF AVAILABLE.
With respect to property ordered forfeited, fine imposed, or civil penalty imposed in a criminal proceeding under section 609.903 or civil proceeding under section 609.911, the district court may, on petition of the prosecuting authority or any other person within 60 days of a final order:
(1) authorize the compromise of claims;
(2) award compensation to persons providing information that results in a forfeiture under section 609.905;
(3) grant petitions for mitigation or remission of forfeiture or fines;
(4) restore forfeited property or imposed fines to victims of a violation of section 609.903; and
(5) take any other action to protect the rights of innocent persons that is in the interest of justice and is consistent with the purposes of sections 609.901 to 609.912.
History:
1989 c 286 s 12
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.910 — Relation To Other Sanctions.

609.910 RELATION TO OTHER SANCTIONS.
Subdivision 1.
Remedy not exclusive.
Except as provided in this section, a criminal penalty, forfeiture, or fine imposed under section 609.903, 609.904, 609.905, or 609.911 does not preclude the application of any other criminal penalty or civil remedy for the separate criminal acts. A prosecuting authority may not file a civil action under section 609.911 if any prosecuting authority has filed a previous criminal proceeding under section 609.903 against the same person based on the same criminal conduct and the charges were dismissed after jeopardy attached or the person acquitted.
Subd. 2.
Restitution.
A restitution payment to a victim under section 609.904 does not limit the liability for damages in a civil action or proceeding for an amount greater than the restitution payment.
History:
1989 c 286 s 13