A Minnesota Identity Theft Lawyer Explains Your Charges Under Minn. Stat. § 609.527 and How to Defend Your Future
You find yourself in a nightmare. You’ve been charged with Identity Theft, an accusation that cuts deeper than simple theft. The state is not just saying you stole money or property; they are saying you stole a piece of someone’s life—their name, their number, their very identity—for your own criminal purposes. In our digital age, this is considered one of the most invasive and serious property crimes, and Minnesota prosecutors treat it as such. You are likely feeling a mix of terror, confusion, and disbelief. Perhaps it was a simple misunderstanding over a shared account. Maybe you were unknowingly caught up in a larger online scheme, or worse, you’ve been misidentified as the perpetrator in a complex digital investigation.
Whatever the circumstances, you are now facing a legal battle against a determined and well-funded opponent. Prosecutors in Hennepin County, Ramsey County, and across the state are under pressure to secure harsh convictions for these offenses. The penalties are severe, escalating rapidly with each alleged victim or dollar lost, potentially leading to decades in prison and financial ruin. You cannot navigate this alone. I have defended clients against the most complex financial and digital crime allegations in courtrooms across Minnesota, from Minneapolis and St. Paul to Rochester, Duluth, and their surrounding communities. I understand how these cases are built and how to tear them down. Your future is too important to leave to chance.
What “Identity Theft” Actually Means in Minnesota
In Minnesota, Identity Theft is far more than just using someone’s credit card. Under Minnesota Statute § 609.527, the crime is defined as transferring, possessing, or using an identity that is not your own with the specific intent to commit, aid, or abet any unlawful activity. The “identity” can be a name, Social Security number, date of birth, bank account number, or even an email address. The “unlawful activity” doesn’t have to be a major felony; it can be something as simple as misdemeanor theft or giving a false name to a police officer during a traffic stop. It is the combination of using someone else’s identity and your criminal intent that forms the core of the offense.
Facing a Minnesota identity theft charge means the state believes you weaponized personal information. This can cover a vast range of scenarios. It includes classic schemes like opening fraudulent bank accounts, as well as more modern crimes like “phishing” (using a fake website or email to trick someone into giving up their information) or possessing credit card “skimming” devices. The key is that the prosecutor must prove your state of mind. They have to show not just that you possessed or used the information, but that you did so for a specific illegal purpose. This intent is often the most critical battleground in defending against these serious accusations.
The Law on Identity Theft — Straight from Minnesota Statute § 609.527
To build a powerful defense, you must first understand the precise law the state is using to prosecute you. The government’s entire case is based on the specific language of Minnesota’s Identity Theft statute. It is a complex law that defines the crime, sets out the severe penalty scheme, and even creates separate felony offenses for related activities like phishing and possessing scanning devices. The controlling law for your case is Minnesota Statute § 609.527.
The main crime is defined in Subdivision 2. It is a short but powerful sentence that contains all the elements the prosecutor must prove beyond a reasonable doubt.
609.527 IDENTITY THEFT. Subd. 2.Crime.
A person who transfers, possesses, or uses an identity that is not the person’s own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft and may be punished as provided in subdivision 3.
Anatomy of an Identity Theft Charge: Breaking Down the State’s Case
To convict you of identity theft, the prosecutor must prove every component of the crime beyond a reasonable doubt. This is a high burden, and these cases are often built on a complex web of digital and financial evidence that can be challenged. My job is to dissect the state’s case, identify the weak points, and attack them relentlessly. If we can show that even one of the following legal elements is not met, the charge against you cannot stand.
- The Act: Transfer, Possession, or Use: First, the state must prove you committed the physical act defined in the statute. This is intentionally broad. Transferring could mean selling a list of stolen credit card numbers. Possessing could be as simple as having a file on your computer containing someone’s personal data. Using could mean providing a false name during a traffic stop or typing someone else’s account number into a website. The act itself is often easy for the prosecution to show; the fight is usually over the intent behind that act.
- An Identity Not Your Own: The prosecution must then prove that the identity in question belonged to a real person or entity and that it was not yours. The legal definition of “identity” is vast, including not just a name and Social Security number, but also any number or data transmission used for identification. This covers driver’s license numbers, bank account numbers, electronic routing codes, and telecommunication access devices. In most cases, proving this element is a straightforward matter for the state.
- The Intent to Commit Unlawful Activity: This is the most important element and the core of nearly every identity theft defense. The state cannot convict you simply for possessing or using someone else’s information. They must prove you did so with the specific intent to commit, aid, or abet another crime. This underlying “unlawful activity” can be anything from felony bank fraud to misdemeanor theft or giving false information to a public official. If you had permission to use the identity, or if you possessed it by mistake or with no criminal purpose, you have not committed identity theft.
The Escalating Penalties for Identity Theft in Minnesota
The sentencing scheme for identity theft in Minnesota is one of the most complex in criminal law. The penalties are not fixed; they escalate dramatically based on two key factors: the total financial loss and the number of direct victims. The state is allowed to aggregate losses and victims over a six-month period, which can quickly turn a minor offense into a major felony carrying a sentence of up to 20 years in prison.
Misdemeanor Identity Theft
If the offense involves one direct victim and the total loss is $250 or less, the crime is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.
Gross Misdemeanor Identity Theft
If the offense involves one direct victim and the total loss is more than $250 but not more than $500, the crime is a gross misdemeanor, punishable by up to 364 days in jail and a $3,000 fine.
Low-Level Felony Identity Theft
The charge becomes a felony, punishable by up to 5 years in prison and a $10,000 fine, if the loss is more than $500 but not more than $2,500, OR if the crime involves two or three direct victims.
Mid-Level Felony Identity Theft
The penalties increase to up to 10 years in prison and a $20,000 fine if the loss is more than $2,500, OR if the crime involves four to seven direct victims.
High-Level Felony Identity Theft
The most serious level of identity theft is punishable by up to 20 years in prison and a $100,000 fine. You face this penalty if the loss is more than $35,000, OR if the crime involves eight or more direct victims.
It is also a 5-year felony to use a false pretense to obtain an identity (phishing) or to possess or use a scanning/reencoding device (skimmer), regardless of loss. Finally, the court must order restitution of at least $1,000 to each direct victim on top of any other penalties.
How Identity Theft Plays Out in the Real World: Minnesota Scenarios
Identity theft is a crime that spans from the incredibly simple to the highly sophisticated. It can be a crime of impulse or the result of a meticulously planned international scheme. Here are some common scenarios that lead to identity theft charges in Minnesota.
The Traffic Stop Lie in Duluth
You are pulled over for a traffic violation on I-35 in Duluth. You know your driver’s license is suspended, so when the officer asks for your name, you provide your brother’s name and date of birth. You have just “used an identity that is not your own” with the “intent to commit an unlawful activity” (giving false information to a police officer). Even if it doesn’t cause any financial loss, this simple act is identity theft under Minnesota law.
The Phishing Scheme in a Minneapolis Suburb
From your home in a suburb like Eagan or Eden Prairie, you design an email that looks exactly like an alert from a major bank or a service like PayPal. You send it to thousands of people, directing them to a fake website you created to harvest their usernames and passwords. Under Minnesota’s specific statute on this, you are guilty of a 5-year felony for using a “false pretense” to obtain an identity, even if no one falls for the trick and no financial loss occurs.
The “Family Fraud” in St. Paul
You are in a tough financial spot and your own credit is destroyed. You use your elderly parent’s Social Security number and personal information, without their permission, to apply for three credit cards online. The cards are approved, and you use them for daily expenses. You have victimized your parent (one direct victim) and the three credit card companies (three indirect victims). The total loss and number of victims will determine the felony level of the charges you face.
The Gas Pump Skimmer in Rochester
You and a partner attach a “skimming” device inside a gas pump at a busy station along Highway 52 in Rochester. The device secretly records the credit and debit card information of every customer who uses that pump. You later retrieve the device with the intent to create cloned cards and sell the data online. The mere possession of this scanning device with criminal intent is a 5-year felony in Minnesota, even before you have used a single stolen number.
Building a Defense Against Your Minnesota Identity Theft Charge
When you are facing an identity theft charge, it can feel like the evidence is insurmountable, especially if it involves complex digital forensics. But these cases are often not as strong as they appear. Digital evidence can be misinterpreted, and constitutional rights are often violated during the investigation. A strong defense requires a modern approach that challenges not just the allegations, but the very evidence the state is using to make them.
My first step is always to conduct a thorough review of the state’s case, looking for weaknesses and procedural errors. Did the police have a valid warrant to search your computer or phone? Can they definitively prove it was you who committed the act, and not someone else using your internet connection? Can they prove your intent beyond a reasonable doubt? These are the questions that form the foundation of a powerful defense strategy.
Defense Strategy: Lack of Criminal Intent
The entire crime hinges on your state of mind. The prosecution must prove you possessed or used the identity with the specific purpose of committing another crime. If we can show you had a legitimate, non-criminal reason for your actions, the charge must fail.
- You had authorization. The alleged victim may have given you permission to use their credit card or account information, and is now having “buyer’s remorse” or is falsely reporting it to avoid a debt. This turns the case into a credibility contest, creating reasonable doubt.
- There was no unlawful purpose. You may have possessed another person’s information for a perfectly innocent reason. For example, an accountant possesses the financial identities of all their clients. Possession alone, without the intent to commit a crime with that information, is not identity theft under the main statute.
Defense Strategy: Challenging the Digital Evidence (Mistaken Identity)
In the digital world, it is notoriously difficult to prove who was actually behind the keyboard. Police often rely on tracking an IP address, but an IP address identifies a location, not a person.
- Someone else used your network. We can argue that another person—a roommate, a family member, or even a stranger who hacked your Wi-Fi—used your internet connection to commit the crime without your knowledge or consent.
- You were framed or spoofed. A more sophisticated criminal may have deliberately routed their illegal activity through your computer or “spoofed” your email address to hide their own tracks. We can hire a forensic expert to analyze the data and challenge the state’s conclusion that you were the perpetrator.
Defense Strategy: Attacking the Loss Amount and Victim Count
The severity of the charge against you is determined by the total loss and the number of victims. The prosecution will always argue for the highest possible numbers to secure the most serious charge. We can fight their calculations.
- The loss calculation is inflated. The state may be including speculative damages or amounts that are not a direct result of the alleged offense. By challenging these numbers and arguing for a lower, more accurate loss amount, we can seek to have a high-level felony charge dramatically reduced.
- The “victim” count is wrong. The statute has specific definitions for “direct” and “indirect” victims. We can argue that the prosecutor has misapplied these definitions or miscounted the number of victims in an attempt to unfairly increase the charge’s severity.
Defense Strategy: Unlawful Search and Seizure
The Fourth Amendment protects you from unreasonable searches. Police need a valid warrant, based on probable cause, to search your home, computer, or cell phone. If they violated your rights, the evidence they found can be thrown out.
- The search warrant was invalid. We will scrutinize the affidavit the police used to get the warrant. If it was based on lies, stale information, or unreliable sources, we can file a motion to have the warrant declared invalid and all evidence found as a result of it suppressed.
- The search went beyond the warrant’s scope. A warrant must specifically describe the places to be searched and the things to be seized. If police searched files on your computer or areas of your home not covered by the warrant, any evidence they found in those places is inadmissible in court.
Minnesota Identity Theft FAQs — Your Pressing Questions Answered
When you’re facing a charge as complex as identity theft, you have countless questions. Here are clear answers to some of the most pressing concerns.
Will I definitely go to prison for identity theft?
It is a serious risk. Most identity theft charges are felonies that carry potential prison sentences. However, a conviction is not guaranteed. An effective defense can lead to a dismissal, an acquittal at trial, or a negotiated plea to a lesser charge that avoids prison. My goal is always to keep you out of custody.
Can the charges be dropped if I pay back the victims?
Paying restitution is important and often required, but it does not automatically make the criminal charges go away. The case is brought by the State of Minnesota, not the victim. However, a willingness and ability to pay restitution can be a powerful negotiating tool for your attorney to use when seeking a more favorable outcome from the prosecutor.
What is the difference between identity theft and credit card fraud?
Credit card fraud is the act of using a credit card to make unauthorized purchases. Identity theft is a broader crime. It is the act of using someone’s identity with the intent to commit a crime. That underlying crime could be credit card fraud, but it could also be getting a loan, renting an apartment, or even just lying to the police.
Do I need a lawyer for an ID theft charge in Brooklyn Park?
Yes, without question. Identity theft is a felony-level offense with life-altering consequences. The legal and technical issues are incredibly complex. Trying to defend yourself against an experienced prosecutor in Hennepin County is a recipe for disaster. You need an attorney who understands digital crime and the local court system.
Is phishing a crime even if nobody gives up their information?
Yes. Under Minnesota Statute § 609.527, Subd. 5a, the act of using a “false pretense” (like a fake website or email) with the intent to obtain someone’s identity is a 5-year felony. It is not a defense that your attempt was unsuccessful or that no one suffered a loss.
What does “aggregation” mean in an identity theft case?
Aggregation means the prosecutor can add up all the financial losses and all the individual victims from any offenses you allegedly committed within a six-month period. This allows them to charge you with one single count at a much higher severity level, turning a series of misdemeanors into a major felony.
What if I had permission to use the card but we had a falling out?
This is a common scenario and a powerful defense. If you had consent to use the account or information, you did not have the required criminal intent. The case then becomes a credibility contest between you and the person who is now claiming you acted without permission. It creates significant reasonable doubt.
Can I be charged if I just possessed a list of stolen numbers?
Yes. Under the main statute, merely “possessing” an identity that is not your own, if you have the intent to commit an unlawful activity with it, is a crime. The prosecutor would have to prove your intent, but possession itself is one of the prohibited acts.
How does a conviction affect non-citizens?
An identity theft conviction is devastating for any non-citizen. It is considered a “crime involving moral turpitude” and likely an “aggravated felony” under immigration law. This will almost certainly lead to deportation, denial of re-entry, and make you ineligible for a green card or citizenship.
What is the mandatory restitution?
The law requires a judge to order anyone convicted of identity theft to pay restitution of at least $1,000 to each direct victim. If there are five direct victims, that is a minimum of $5,000 in restitution, on top of any fines, fees, and potential prison time.
Can the police search my phone and computer?
Only with a valid search warrant or your consent. You should NEVER consent to a search of your electronic devices. Police must present an affidavit to a judge and show probable cause to believe evidence of a crime is located on your devices. An attorney can challenge the validity of that warrant.
What is a “skimmer” or “reencoder”?
A “skimming” device is used to illegally copy the information from a credit card’s magnetic stripe. A “reencoder” is a device used to place that stolen information onto a new, blank card. Possessing or using either of these devices with criminal intent is a 5-year felony in Minnesota.
Can my case be moved to a different county?
Maybe. The law allows an identity theft case to be prosecuted in the county where the crime occurred, where the victim lives or does business, or where the person whose identity was sought resides. This gives the state a lot of flexibility and is a strategic issue your attorney will need to address.
Can a felony identity theft conviction be expunged?
It is extremely difficult. While Minnesota’s expungement laws have expanded, judges are often reluctant to expunge serious felony convictions for crimes of dishonesty and deceit. It is far better to fight the charge aggressively from the beginning to avoid the conviction in the first place.
Is it too late to hire a lawyer if I already gave a statement to the police?
No. It is never too late to get a defense attorney. While giving a statement can complicate things, a skilled lawyer can work to mitigate the damage, challenge the circumstances under which the statement was given, and build a defense around the remaining evidence.
The Lifelong Shadow of an Identity Theft Conviction
A conviction for identity theft is a brand of dishonesty that will follow you for the rest of your life. The consequences extend far beyond the courtroom, creating a permanent barrier to opportunity and fundamentally altering your place in society. The collateral damage is often far worse than the sentence itself.
A Felony Record of Deceit
A conviction for identity theft is considered a “crime involving moral turpitude.” This is a label that signals to the world—employers, landlords, loan officers—that you are fundamentally untrustworthy. It is one of the most damaging types of convictions you can have on your record, making it nearly impossible to rebuild your life and reputation.
Career and Financial Ruin
Forget about getting a job in any field that requires a background check or involves handling money, data, or sensitive information. Banking, finance, healthcare, IT, and even many retail positions will be permanently closed to you. You will also find it incredibly difficult to get a loan, a mortgage, or even a basic bank account. The financial consequences are a life sentence of their own.
The Loss of Your Civil Rights
As a convicted felon in Minnesota, you lose fundamental rights. You cannot vote while you are incarcerated or on probation. You can never serve on a jury. Crucially, you will be permanently banned from owning or possessing a firearm or ammunition for the rest of your life. These are not minor inconveniences; they are a fundamental stripping of your rights as a citizen.
Deportation for Non-Citizens
For any non-citizen, from those on visas to legal permanent residents with green cards, a conviction for identity theft is a virtual guarantee of deportation. It is classified as an aggravated felony under federal immigration law, which carries the harshest immigration penalties. A conviction will lead to your removal from the United States and a permanent bar on returning.
Why You Need a Minnesota Attorney Who Understands Digital Crime
Fighting an identity theft charge requires more than just knowledge of the law; it requires a deep understanding of technology, digital forensics, and how to challenge the state’s technical evidence. You cannot trust your future to an attorney who doesn’t speak the language of digital crime.
Fighting Digital Evidence Requires a Modern Defense
I understand how to deconstruct the state’s digital case. I know how to challenge the reliability of IP address tracking, to question the conclusions of a forensic computer examiner, and to expose the gaps in the digital chain of custody. In a world where crimes are committed with keystrokes, you need an attorney who is equipped to fight a modern battle. I have the experience and resources to do just that.
The Advantage of Immediate Action in a Complex Case
In an identity theft case, time is of the essence. We need to act immediately to preserve our own digital evidence—like logs or data that might prove your innocence—before it is overwritten. We need to file motions to challenge the state’s search warrants before the case gains momentum. You are facing a complex and confusing accusation; my immediate intervention can prevent you from making a misstep that could harm your case.
Navigating Courts Across Minnesota on Technical Cases
I have defended clients against complex, document-heavy, and technology-based charges in courtrooms across the state. I understand how to present sophisticated technical arguments to judges and juries in a way that is clear and persuasive, whether in the busy courthouses of Hennepin and Ramsey counties or in greater Minnesota. This statewide experience is a crucial asset when your freedom is on the line.
A Strategy to Clear Your Name and Protect Your Future
My objective is singular: to protect you from a conviction that would follow you forever. We will meticulously analyze every piece of evidence and build a strategy designed to dismantle the prosecution’s case, element by element. Whether the best path is a dismissal, an acquittal at trial, or a negotiated resolution that keeps a felony off your record, every decision we make will be focused on securing your future. You deserve a defense that is as sophisticated and determined as the prosecution you are up against.