A Minnesota Defense Lawyer on Charges Under Minn. Stat. § 609.53 and the Fight to Protect Your Name
You thought you got a good deal. You bought an item from a friend, a seller on Craigslist, or a vendor at a flea market, and you thought nothing of it. Now, you’re staring at a criminal complaint accusing you of Receiving Stolen Property. Suddenly, that good deal has turned into a legal nightmare. The state of Minnesota isn’t accusing you of being the thief, but they are accusing you of being the marketplace—the person who made the theft profitable. It’s a charge that can feel deeply unfair. You didn’t break into a home or a car, yet you are facing the exact same penalties as the person who did. Your reputation, your freedom, and your future are all on the line.
The law on receiving stolen property is a trap for the unwary. You can be convicted even if you didn’t know for a fact that the property was stolen. The state only has to prove that you had “reason to know,” a vague and subjective standard that puts any buyer of second-hand goods at risk. A price that seems too good to be true or a seller who seems a bit nervous can be twisted by a prosecutor into proof of your guilt. You do not have to be a victim of circumstance. I have defended good people across Minnesota—from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud—who found themselves in this exact position. An accusation is not a conviction, and this is a fight you can win.
What It Means to Be Accused of Receiving Stolen Property in Minnesota
When you are charged with Receiving Stolen Property under Minnesota Statute § 609.53, it means the state believes you received, possessed, bought, or concealed property that was obtained through a theft or robbery, and that you were aware of its criminal origin. This is the general statute that applies to everyone, distinguishing it from the specific law aimed at scrap and precious metal dealers. It’s a crime that punishes those who create the demand for stolen goods, and as a result, the law treats it just as seriously as the theft itself. Your sentence will be based on the value of the property involved, with penalties that can range from a minor misdemeanor to a 20-year felony.
The entire case against you will likely hinge on one critical phrase: “knowing or having reason to know.” This is where prosecutors have a massive advantage. They don’t need to find a witness who heard you admit the item was hot. They don’t need a text message where you discussed the theft. All they need to do is convince a jury that the circumstances of your purchase were so suspicious that any reasonable person would have concluded the property was stolen. A deal that was “too good to be true” is the classic argument. This puts your judgment and common sense on trial and makes it essential to have a lawyer who can show that your actions were reasonable and that you acted in good faith.
The Law on Receiving Stolen Property — Straight from Minnesota Statute § 609.53
To understand the challenge you’re facing, you need to see the law as the judge and prosecutor will. The case against you is built on the language of Minnesota Statute § 609.53, titled “Receiving Stolen Property.” This statute is concise but powerful, and it directly links its penalties to Minnesota’s main theft statute, meaning you face the same consequences as the original thief.
The core of the crime is defined in Subdivision 1. Here is the exact language that governs your case:
609.53 RECEIVING STOLEN PROPERTY. Subdivision 1.Penalty.
Except as otherwise provided in section 609.526, any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery, may be sentenced in accordance with the provisions of section 609.52, subdivision 3.
Anatomy of a Receiving Stolen Property Charge in Minnesota
To get a conviction, the prosecutor can’t just rely on suspicion. They have the legal burden to prove every single component—or “element”—of the crime beyond a reasonable doubt. My job is to attack each of these elements, to expose the weaknesses in the state’s case, and to create the reasonable doubt required for an acquittal. If the state’s proof on any one of these points is weak, their entire case can fail.
- The Act: Receiving, Possessing, Buying, or Concealing: The state must first prove that you exercised control over the property in one of the ways listed in the statute. Receiving or buying is straightforward. Possessing means you had the item under your control, for instance, by storing it in your garage or home. Concealing implies a more active role, such as hiding the property to prevent the owner or police from finding it. This element is intentionally broad to cover almost any involvement with the illicit goods after the initial theft.
- The Property’s Stolen Origin: This is a fundamental prerequisite. The prosecutor must present credible evidence that the property was, in fact, stolen or obtained through a robbery. They cannot convict you of receiving stolen property if the property wasn’t actually stolen. This can become a point of contention if the original theft was never reported or if the ownership of the property is unclear, such as in a dispute between family members or former business partners.
- The “Knowing or Having Reason to Know” Standard: This is the most critical element and the ground on which most of these cases are fought. The state does not have to prove you had absolute certainty the item was stolen. They only need to show that a reasonable person, under the same circumstances, would have been highly suspicious. They will point to factors like an incredibly low price, the seller’s evasiveness, the lack of a title or serial numbers, or the suspicious location of the sale to argue that you were “willfully blind” to the obvious truth. Defeating this element is key to winning your case.
The Stakes Are High: Penalties for a Conviction in Minnesota
Do not make the mistake of thinking this charge is less serious than theft. As the statute makes clear, the penalties for Receiving Stolen Property are identical to the penalties for theft under Minn. Stat. § 609.52. The sentence is determined by the value of the property involved, and it escalates quickly from a misdemeanor to a life-altering felony. These are the potential consequences you are facing.
Felony Receiving Stolen Property
- Value Over $35,000: Up to 20 years in prison and/or a $100,000 fine.
- Value Over $5,000: Up to 10 years in prison and/or a $20,000 fine.
- Value Over $1,000: Up to 5 years in prison and/or a $10,000 fine.
Gross Misdemeanor Receiving Stolen Property
If the property is valued at more than $500 but not more than $1,000, the offense is a gross misdemeanor, punishable by up to 364 days in jail and/or a $3,000 fine.
Misdemeanor Receiving Stolen Property
If the property is valued at $500 or less, the offense is a misdemeanor, punishable by up to 90 days in jail and/or a $1,000 fine.
On top of these criminal penalties, a victim can also bring a civil lawsuit against you for three times the amount of their actual damages, plus attorney’s fees.
How Good People Get Charged: Real-Life Scenarios in Minnesota
In the modern world of online marketplaces, private sales, and pawn shops, it is incredibly easy for an unsuspecting person to purchase stolen goods. A desire to find a good deal can quickly turn into a criminal accusation. These charges often arise from everyday situations that suddenly look sinister to law enforcement.
The Craigslist Deal in Minneapolis
You find an ad on Craigslist for a high-end road bike, listed for about half of its retail price. You meet the seller in a public parking lot in Minneapolis. He’s a bit vague on the details but tells you he’s moving and needs cash fast. You buy the bike. A week later, police knock on your door. The bike was stolen, and they argue that the drastically low price and the seller’s lack of a clear story gave you “reason to know” you were buying hot merchandise.
The “Friend’s” Property in Rochester
A buddy from work asks if you can store some power tools in your Rochester garage for a few weeks because he’s in the middle of a messy breakup. You agree to help him out. It turns out the tools were stolen from a construction site where he used to work. When the police execute a search warrant, they find the tools on your property. You are charged with “concealing” stolen property, and the prosecutor will claim a reasonable person would have questioned why their friend couldn’t store his own tools.
The Facebook Marketplace Find in Duluth
You live in Duluth and have been looking for a used snowmobile for the winter. You find one on Facebook Marketplace that seems like a steal. You meet the seller, who tells you they don’t have the title but will mail it to you. Eager to get the snowmobile, you pay in cash and take it home. The machine is stolen, of course, and there is no title. Your decision to ignore these major red flags will be used by the state as powerful evidence that you were willfully blind to the property’s illegal origin.
The Misguided Pawn Shop Purchase in St. Paul
You frequent a pawn shop in St. Paul and notice a professional-grade camera for sale at a very good price. You buy it, assuming that because you’re buying from a licensed business, everything is above board. However, the police later determine the camera was stolen and that the pawn shop owner should have known it. Because you bought an item that was stolen, and potentially at a price that was still suspiciously low for its value, you could also be charged with receiving stolen property.
Building Your Defense: Strategies to Fight the Allegations
When you’re charged with receiving stolen property, it can feel like you have to prove your own innocence. But the law says otherwise. The burden of proof is entirely on the state. My job is to hold them to that burden and to build a compelling case that shows you are not a criminal, but an unsuspecting consumer who acted in good faith. These cases are highly fact-dependent and often turn on subjective interpretations, which means they are very beatable.
A strong defense begins with a meticulous investigation into the circumstances of the purchase and the origin of the property. We will challenge the state’s assumptions about what you “should have known” and present the situation from your perspective. An accusation is not evidence, and a good deal is not automatically a crime.
Defense Strategy: You Acted in Good Faith (No “Reason to Know”)
This is the most direct and powerful defense. We will argue that your actions were reasonable and that you had no legitimate reason to be suspicious. The state is unfairly using hindsight to judge your actions.
- The transaction was commercially reasonable. We will present evidence that the price you paid was fair for a used item, that the location of the sale was not unusual, and that the seller gave a plausible reason for selling. We will argue you behaved as any normal buyer would.
- There were no obvious red flags. The property was in good condition, it did not have serial numbers removed, and the seller was not acting in a way that would trigger alarm bells for an ordinary person. We will fight the prosecutor’s attempt to turn normal human interaction into a criminal conspiracy.
Defense Strategy: You Lacked Actual Knowledge
This defense focuses on your state of mind. You did not know the property was stolen, and the state’s evidence to the contrary is weak and circumstantial.
- You were an innocent purchaser. You bought the item from a source that seemed legitimate, such as a flea market stall, an online antique dealer, or a friend you trusted. You had no duty to conduct a full-scale investigation into the item’s history.
- You were actively deceived. The seller went to great lengths to make the transaction seem legitimate, perhaps by providing a fake receipt or a very convincing story. In this scenario, you are not an accomplice; you are also a victim of the thief’s fraud.
Defense Strategy: The Property Was Not “Stolen”
The state’s entire case rests on the premise that the property was criminally obtained. If we can challenge that premise, the charge dissolves.
- The origin is a civil dispute. The property may have been the subject of a bitter divorce, a business partnership breaking up, or a family inheritance feud. The person who sold it to you may have had a legitimate, good-faith belief that they had a right to the property.
- The state cannot prove the chain of custody. The police must prove that the specific item found in your possession is the exact same one that was reported stolen. Gaps in their evidence or poor record-keeping can make this impossible, creating reasonable doubt.
Defense Strategy: You Were Not in Legal “Possession”
To be guilty, you must have exercised dominion and control over the property. If you were merely near the item or handled it briefly without knowing what it was, you did not legally possess it.
- The property belonged to someone else. The stolen item may have been in a car you were a passenger in, or in the home of a roommate or family member you were visiting. If you had no ownership interest or control over the item, you cannot be guilty of possessing it.
- Your possession was fleeting and innocent. Perhaps you helped a friend move a box into their house, not knowing it contained stolen goods. This transitory and innocent handling of the property does not constitute criminal possession.
Minnesota Receiving Stolen Property FAQs — Your Questions Answered
When you’re facing a serious charge like this, you have questions. Here are clear, straightforward answers to some of the most common concerns.
Will I go to jail for receiving stolen property?
It is a serious risk. Because the penalties mirror theft, a conviction for a felony-level offense carries a significant chance of prison time. However, an effective defense can often lead to a dismissal, acquittal, or a plea to a lesser charge that avoids jail.
What does the “reason to know” standard really mean?
It means the state has to prove that a normal, reasonable person in your shoes would have been very suspicious that the property was stolen. It’s a subjective test based on the “totality of the circumstances,” including the price, the seller, the location, and the item itself.
Can I be charged if I didn’t pay for the item?
Yes. The law prohibits not just buying, but also “receiving” or “possessing” stolen property. If you accept a stolen item as a gift or agree to store it for someone, you can be charged if you knew or should have known it was stolen.
Do I need a lawyer for this charge in Bloomington?
Absolutely. Receiving Stolen Property can be a serious felony. A conviction will impact your life forever. You need a defense attorney who understands how to fight these specific charges in the Hennepin County court system and protect your future.
What is the civil penalty for receiving stolen property?
Under Subdivision 4 of the statute, the original owner of the property can sue you in civil court for three times their actual damages or $1,500 (whichever is greater), plus their attorney’s fees. This is on top of any criminal penalties.
How does the state prove the value of the property?
The state will typically use the “fair market value” of the item at the time it was stolen. This often means the price of a similar used item. For new items, they may use the retail price. Your attorney can challenge their valuation to argue for a lesser charge.
What if I found out the property was stolen after I bought it?
If you learn property is stolen after you’ve acquired it, your legal obligation is to contact the police. If you instead decide to keep it, hide it, or sell it to someone else, your continued possession becomes criminal because you now know it’s stolen.
Can I be charged if I bought the item from a pawn shop?
It’s less common, but possible. Typically, the police would focus on the pawn shop itself. However, if you bought a high-value item for a price that was still suspiciously low even for a pawn shop, a prosecutor could potentially argue you still had “reason to know” it was illicit.
How is this different from theft?
Theft is the original act of taking property from the owner. Receiving Stolen Property is the subsequent act of possessing, buying, or concealing that same property after it has been stolen by someone else. The penalties, however, are the same.
What if I was just storing the item for a friend?
You can still be charged with “possessing” or “concealing” stolen property. The key will be whether you had “reason to know” your friend had stolen it. If their story was unbelievable or the circumstances were very suspicious, the state will argue you were criminally complicit.
Can I just give the property back and have the charges dropped?
Giving the property back is the right thing to do and may help your case, but it does not automatically lead to a dismissal. The crime was committed when you possessed the property knowing it was stolen. The decision to drop charges rests with the prosecutor, not the victim.
Does this conviction affect my gun rights?
Yes. If you are convicted of felony-level Receiving Stolen Property, you will be permanently banned from possessing a firearm or ammunition in Minnesota for the rest of your life.
Will this show up on a background check?
Yes. A conviction for Receiving Stolen Property is a crime of dishonesty, or “moral turpitude.” It is extremely damaging on a background check and can prevent you from getting jobs, housing, or professional licenses.
Is it too late to hire a lawyer?
No. It is never too late to secure a strong defense. The sooner you get an attorney involved, the better, but a dedicated lawyer can step in at any point in the process to protect your rights and fight for a just outcome.
Should I talk to the police and explain my side of the story?
No. You should never speak to the police without your attorney present. They are trained to get you to admit to facts that can be used against you, such as admitting the price was “suspiciously low.” Politely decline to answer any questions and state that you want to speak with your lawyer.
The Lifelong Stain of a Conviction
A conviction for receiving stolen property is a permanent mark of dishonesty. It brands you as someone who associates with criminals and profits from their actions. The consequences will follow you long after any sentence is served, limiting your opportunities and damaging your reputation.
A Criminal Record for Dishonesty
This conviction will appear on every background check for the rest of your life. It is considered a “crime of moral turpitude,” a legal term for an act that is inherently base or vile. Employers, landlords, and licensing boards view this type of crime with extreme prejudice, seeing it as a fundamental character flaw.
Employment and Housing Barriers
Finding a good job will become incredibly difficult. Few employers are willing to hire someone they believe is untrustworthy. You may be barred from any job that involves handling cash, inventory, or sensitive information. Similarly, landlords may deny your rental applications, unwilling to rent to someone with a theft-related offense on their record.
The Loss of Your Civil Rights
If you are convicted of a felony, you lose core rights of citizenship. You cannot vote while you are incarcerated or on probation. You cannot serve on a jury. And you will be stripped of your Second Amendment right to own a firearm for life. These are not small penalties; they are a fundamental change in your status as a citizen.
Immigration Consequences for Non-Citizens
For any non-citizen, a conviction for receiving stolen property can be a deportable offense. If the value of the property is high enough for it to be considered an “aggravated felony” under immigration law, deportation is nearly automatic. Even a lesser conviction can prevent you from obtaining a green card or citizenship.
Why a Tough Minnesota Defense Attorney is Essential
When you are facing a charge that rests on the subjective judgment of what you “should have known,” you need an advocate who can skillfully fight back against the state’s narrative. You need a defense attorney who can present you not as a criminal, but as a reasonable person who got caught in a bad situation.
Fighting the Subjective Nature of the Law
This crime lives and dies in a legal grey area. Successfully defending against it requires more than just knowing the law; it requires the ability to tell a persuasive story to a prosecutor, a judge, or a jury. I know how to build a case that highlights the reasonableness of your actions and exposes the unfairness of the state’s hindsight-based accusations.
Protecting You from Overzealous Prosecution
Prosecutors often charge people with receiving stolen property to pressure them into becoming informants against the original thieves. They will use the threat of a felony conviction to try and force you to cooperate. I will stand as a shield between you and the prosecution, protecting you from being used as a pawn in their investigation and ensuring your rights are the number one priority.
Experience Across Minnesota’s Courts
I have defended clients against these charges in courtrooms across the state of Minnesota. I understand how these cases are handled differently in the urban courts of Minneapolis and St. Paul versus the courts in greater Minnesota. This local knowledge is a critical advantage when crafting a defense strategy that is tailored to the specific court and prosecutor you are facing.
A Strategy Focused on a Clean Record
My primary goal is to achieve a result that protects your future. This means fighting for a complete dismissal or a not-guilty verdict at trial whenever possible. I will explore every angle—from challenging the “reason to know” element to disputing the property’s value—to keep this damaging charge off your criminal record. You deserve the chance to move on with your life, and I will fight to make that happen.