Minnesota Rustling & Livestock Theft Lawyer

Facing a Livestock Theft Charge in Minnesota? A Lawyer Breaks Down What’s at Stake Under § 609.551

You never thought you’d be facing a charge like this. In Minnesota, a person’s livestock is their livelihood, their property, and a core part of their heritage. Now, you stand accused of Rustling and Livestock Theft under Minnesota Statute § 609.551. This isn’t a simple theft charge; it’s an accusation that strikes at the heart of rural life and the trust between neighbors. Whether it’s a dispute over cattle that wandered across a fence line, a misunderstanding about the ownership of a few hogs, or an accusation that you knowingly handled stolen sheep, the consequences are severe and the stigma is damaging.

Perhaps you bought animals from a seller you thought was legitimate, only to find out they were stolen. Maybe you took possession of an animal under a genuine, good-faith belief that you had a right to it. Or maybe you’re being falsely accused by a rival or a disgruntled neighbor. Whatever led you here, you are now facing the full weight of the Minnesota justice system, which has created a special, harsher law specifically for this type of offense. A conviction could mean years in prison, crippling fines, and a felony record that will follow you forever.

You do not have to carry this burden alone. I am a Minnesota criminal defense attorney who understands the unique nature of these cases and the communities they affect. I have defended the rights of people across Minnesota, from the farmlands surrounding Rochester and St. Cloud to the courtrooms in Minneapolis and St. Paul. I know that these cases are often more complex than they appear, and I am here to ensure your side of the story is heard and your rights are protected.

More Than Just Theft: What Rustling Actually Means in Minnesota

Rustling and Livestock Theft under Minnesota law is treated more seriously than a standard theft of property of the same value. The law recognizes that cattle, swine, and sheep are not just property; they are valuable, mobile assets that are central to the agricultural economy. The statute is designed to punish not only the person who directly steals the animals but also anyone who knowingly participates in the trafficking of stolen livestock. This means you could be charged for simply buying, selling, or transporting animals if the state believes you knew, or should have known, they were illegally acquired.

A Minnesota rustling charge can arise from many situations. The classic example is someone intentionally taking cattle from another person’s pasture. But it also covers a wide range of other actions: shooting a neighbor’s hog, concealing sheep that have wandered onto your property with the intent to keep them, or arranging the sale of livestock you know was stolen. The core of the crime is the intentional and unauthorized taking of these specific types of animals—cattle, swine, or sheep—with the intent to permanently deprive the rightful owner of their property. It is a specialized felony charge with severe consequences.

Minnesota’s Law on Rustling and Livestock Theft — Straight from the Statute

The specific law that governs this offense is Minnesota Statute § 609.551. It clearly defines the crime, outlines the different penalty levels based on the value of the animals, and includes provisions for those who traffic in stolen livestock. It also allows prosecutors to bundle separate incidents together to reach a higher penalty level.

Here are the key parts of the statute:

609.551 RUSTLING AND LIVESTOCK THEFT; PENALTIES.

Subdivision 1. Crime defined; stealing cattle; penalties. Whoever intentionally and without claim of right shoots, kills, takes, uses, transfers, conceals or retains possession of live cattle, swine or sheep or the carcasses thereof belonging to another without the other’s consent and with the intent to permanently deprive the owner thereof may be sentenced as follows:

(a) if the value of the animals…exceeds $2,500, the defendant may be sentenced to imprisonment for not more than ten years, and may be fined up to $20,000;

(b) if the value of the animals…exceeds $300 but is less than $2,500, the defendant may be sentenced to imprisonment for not more than five years, and may be fined up to $10,000;

(c) if the value of the animals…is $300 or less, the defendant may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $300 or both.

Subd. 2. Crime defined; selling stolen cattle. Whoever knowingly buys, sells, transports, or otherwise handles cattle, swine, or sheep illegally acquired under subdivision 1 or knowingly aids or abets another in the violation of subdivision 1 shall be sentenced as in subdivision 1, clauses (a), (b), and (c).

Breaking Down the State’s Case: The Legal Elements of the Charge

To convict you of Rustling and Livestock Theft, a prosecutor in any Minnesota county must prove every one of the following elements beyond a reasonable doubt. My job as your defense attorney is to dismantle the state’s case by showing they cannot prove their story. If even one element is left unproven, you cannot be legally convicted.

Intentionally and Without Claim of Right: The prosecutor must first prove your state of mind. They have to show you acted intentionally—that this was not an accident. Furthermore, they must prove you acted without a claim of right. This means if you genuinely and honestly believed the animals were yours, even if you were mistaken, you may not be guilty of this crime. This is a critical element in neighbor disputes where ownership is unclear.
Shoots, Kills, Takes, Uses, Transfers, Conceals or Retains: The state must prove you committed one of the specific acts listed in the statute. This is written very broadly to cover any possible way a person could exert wrongful control over an animal. From the direct act of taking cattle from a field to the more passive act of simply hiding a lost sheep that wandered onto your property and deciding to keep it, any of these actions can satisfy this element.
Live Cattle, Swine, or Sheep (or Carcasses): This statute is specific. It does not apply to other farm animals like goats, chickens, or horses. The prosecutor must prove that the animals involved were specifically cattle, swine, or sheep, or their carcasses. The inclusion of carcasses means you can be charged even if the animal is already dead when you take it.
Belonging to Another: This seems obvious, but it can be a point of contention. The state must prove that the animals were legally the property of someone else. In cases involving complex lease agreements, partnership disputes, or animals that have wandered far from their home pasture, proving definitive ownership can be a challenge for the prosecution.
Intent to Permanently Deprive: This is another crucial intent element. The state must prove that when you took the animals, you intended to keep them from the owner permanently. If you were merely moving a neighbor’s cow off your property, or temporarily holding onto a lost hog with the intention of finding its owner, you did not have the required intent to permanently deprive them of their property.

The High Price of a Rustling Conviction in Minnesota

Do not underestimate the seriousness of a rustling charge. Minnesota law provides for severe penalties, including lengthy prison sentences and massive fines, treating this crime far more harshly than a simple theft of property of equivalent value. The penalties are tiered based on the value of the animals involved, and prosecutors can use an “aggregation” clause to combine the value of animals taken over a six-month period to charge you with a more serious offense.

Felony Rustling (Value Over $2,500)

This is the most serious level. If the total value of the livestock is more than $2,500, a conviction is punishable by:

Up to 10 years in prison;
A fine of up to $20,000; or
Both.

Felony Rustling (Value Over $300 but not more than $2,500)

Even for a lower value, the charge is still a serious felony. If the value of the livestock is between $300 and $2,500, a conviction is punishable by:

Up to 5 years in prison;
A fine of up to $10,000; or
Both.

Misdemeanor Rustling (Value of $300 or less)

For very low-value cases, the charge is a misdemeanor. If the value of the livestock is $300 or less, a conviction is punishable by:

Up to 90 days in jail;
A fine of up to $300; or
Both.

On top of all this, a conviction opens you up to a civil lawsuit where the victim can sue you for three times their actual damages.

On the Wrong Side of the Fence Line: How These Charges Happen

A rustling charge often begins not with a criminal mastermind, but with a dispute between neighbors or a simple mistake in a rural setting. The law is written so broadly that it can ensnare people who never intended to be criminals.

The Boundary Dispute in Stearns County

You and your neighbor in rural Stearns County have been arguing for years about the exact location of your property line. A few of your neighbor’s cattle wander through a dilapidated fence onto what you believe is your land. You round them up and put them in your own pasture, intending to hold them until the boundary issue is settled. Your neighbor calls the sheriff, and now you’re charged with felony livestock theft, even though you believed you had a right to the animals on your land.

The Mistaken Hunt near Rochester

You are out hunting deer in the woods near Rochester when you see what you believe is a wild boar. You shoot it, only to discover later that it was a valuable hog that had escaped from a nearby farm. The farmer reports the killing, and despite it being a genuine accident, the Olmsted County prosecutor charges you with killing livestock belonging to another, forcing you to prove your lack of criminal intent.

The “Too Good to Be True” Deal in Willmar

You’re starting a small hobby farm near Willmar and you find an ad online for sheep at a price that seems too good to be true. You meet the seller in a parking lot and buy the animals with cash. A week later, the police show up at your property. The sheep were stolen, and because you knowingly handled them (even if you didn’t know for sure they were stolen), you are now charged under subdivision 2 of the rustling statute.

The Disgruntled Employee and Aggregation

You work on a large swine farm in southern Minnesota and feel you are being underpaid. Over a period of five months, you take one piglet each month, worth about $100 each. You think it’s just a minor theft. However, the prosecutor uses the aggregation clause in the statute to add up the value of all five piglets ($500) and charges you with a felony, facing up to five years in prison for what you thought were a series of minor offenses.

Defending Your Livelihood and Your Name: Legal Defenses That Work

An accusation of rustling can feel like a death sentence to your reputation in a tight-knit agricultural community. But you have the right to a defense, and there are powerful strategies we can use to fight the charge. When you hire me, I will launch a full investigation into the facts, challenging the prosecutor’s narrative at every turn. We will fight to clear your name and protect your future.

A successful defense starts with a deep dive into the specifics of your case. Who truly owns the animals? What evidence does the state have of your intent? Is their valuation of the livestock accurate? We will leave no stone unturned in our pursuit of justice for you.

Claim of Right

This is one of the most powerful defenses against a rustling charge. If you acted under a genuine, good-faith belief that you had a legal right to the animals, you cannot be found guilty.

Ownership Dispute: We can present evidence of the property dispute, such as surveys, deeds, or testimony about unclear boundaries, to argue that you reasonably believed the animals were on your land and thus under your control.
Contractual Misunderstanding: If there was a lease, sale, or partnership agreement that was unclear, we can argue that you took the animals based on your reasonable interpretation of the agreement, even if the other party disagrees.

Lack of Intent to Permanently Deprive

The state must prove you intended to keep the animals forever. If your intent was temporary, it’s not rustling.

Holding Animals for Safekeeping: If you found lost animals and were simply holding them until you could locate the owner, your intent was not to steal. We can use your actions—such as providing food and water, or asking neighbors about the animals—to prove your benign intentions.
Moving a Nuisance Animal: If a neighbor’s animals were repeatedly causing damage to your property, and you moved them to a holding pen simply to stop the damage and get the owner’s attention, we can argue you had no intention of keeping them permanently.

Challenging the Valuation of the Livestock

The severity of the charge—misdemeanor or felony—depends entirely on the value of the animals. Prosecutors often rely on the owner’s inflated estimate of value.

Independent Appraisal: We can hire our own agricultural expert to provide a fair market valuation of the livestock. By showing the animals were worth less than the felony threshold, we can get the charges dramatically reduced, potentially from a 10-year felony to a simple misdemeanor.
Questioning the Aggregation: If the state is aggregating multiple incidents, we will scrutinize the timeline. If any of the alleged incidents fall outside the six-month window, they cannot be legally bundled together, which could also lead to a reduction in the severity of the charge.

Mistaken Identity or Lack of Proof

The state must prove it was you who took the animals and that the animals recovered were the same ones that were stolen.

No Eyewitnesses: In many rural cases, there are no witnesses. The state may be relying on weak circumstantial evidence, like tire tracks near a pasture. We will challenge this evidence and argue that they cannot prove you were the person responsible.
Unidentifiable Animals: Livestock, especially without clear brands, tags, or tattoos, can be difficult to identify definitively. We can argue that the state cannot prove the sheep in your possession are the same sheep that your neighbor is missing.

Minnesota Rustling and Livestock Theft FAQs — Your Questions Answered

Facing a charge this unique raises many questions. Here are clear answers to some of the most common concerns.

What is the difference between rustling and regular theft?

While related, the rustling statute is a specific law that targets the theft of cattle, swine, and sheep. It often carries higher penalties than the general theft statute for property of the same value, and it includes provisions for trafficking and aggregation that are unique to this crime.

What if the animal wandered onto my property? Am I required to return it?

You can’t be charged for an animal wandering onto your land. The crime occurs if you then form the intent to keep it (“conceals or retains possession”) without making a reasonable effort to find the owner. The best practice is always to contact your neighbors, the local sheriff, or the Minnesota Board of Animal Health.

Can I be sued in civil court for this in addition to the criminal charges?

Yes. This is a critical point. Minnesota Statute § 609.551(4) explicitly allows the victim to sue you for three times their actual damages, plus court costs and attorney’s fees. A criminal conviction makes it almost certain you will lose this civil suit, which could lead to financial ruin. This makes fighting the criminal charge absolutely essential.

What does the “aggregation” clause mean?

It means the prosecutor can take all the livestock thefts you are accused of within any six-month period and add up the value to charge you with a single, more serious crime. For example, stealing a $200 sheep three times in four months could be charged as one felony count for $600, instead of three separate misdemeanors.

What if I didn’t know the animals I bought were stolen?

Subdivision 2 requires that you knowingly buy or handle stolen livestock. The prosecutor has to prove your knowledge. However, they can use circumstantial evidence to argue you should have known they were stolen—for example, if you bought them for a ridiculously low price, in cash, in a strange location. This is a defensible charge, but it is not a simple defense.

Do I need a lawyer for a misdemeanor rustling charge?

Yes. A misdemeanor rustling conviction is still a theft-related offense on your permanent record. It can impact your reputation and your firearm rights. Furthermore, it could still expose you to the devastating triple-damages civil lawsuit. An attorney can fight to get the charge dismissed to protect you from all of these consequences.

Can this charge affect my right to own a gun?

Yes. If you are convicted of either of the felony-level rustling offenses, you will be banned from possessing a firearm or ammunition for the rest of your life. For many people in rural Minnesota, this is a devastating loss of a constitutional right and a way of life.

What evidence does the state use in these cases?

Prosecutors may use eyewitness testimony, surveillance footage (if available), forensic evidence like tire tracks or footprints, financial records from sales, and the testimony of livestock valuation experts. A strong defense requires challenging all of these forms of evidence.

Is shooting a cow that is destroying my crops a crime?

Yes, it could be. While you have the right to protect your property, shooting your neighbor’s livestock is almost never the legal way to do it. You could still be charged with killing an animal belonging to another. The proper course of action is to confine the animal and contact the owner or law enforcement.

What if I was just helping a friend transport some cattle?

If you were merely helping a friend and had no knowledge the animals were stolen, you are not guilty. However, the state could charge you as an accomplice under subdivision 2. The key will be proving your lack of knowledge, which requires a thorough investigation and a strong presentation of your side of the story.

Does this law apply to horses?

No. The Minnesota rustling statute is specifically limited to “cattle, swine or sheep.” Theft of a horse would be charged under the general Minnesota theft statute, § 609.52.

How is the “value” of the animal determined?

Value is the fair market value of the animal at the time of the theft. This can be a major point of contention. The owner may claim a high value based on breeding potential or sentimental attachment, while the true market value may be much lower. We can use experts and sale records to challenge the state’s valuation.

What if I returned the animals before I was caught?

Returning the animals is a very good fact for your case, but it is not a complete legal defense. The prosecutor can still argue that you intended to permanently keep them at the moment you took them. However, I can use the fact that you returned them to argue powerfully for a dismissal or a significant reduction in the charges.

I’m a farmer. How will this charge affect my ability to get loans?

A felony conviction, especially for a crime of dishonesty like theft, can make it extremely difficult to get the agricultural loans you need to operate your farm. Banks view a conviction as a sign of high risk, and it could threaten your entire business.

Where will my case be heard?

Your case will be heard in the district court of the county where the alleged theft took place. I have experience in courtrooms across the state, from the metro area to the most rural counties, and I am prepared to defend you wherever you are charged.

The Lasting Brand of a Conviction: More Than Just Jail Time

A conviction for rustling in a state like Minnesota is more than a mark on your criminal record; it’s a brand on your reputation. In communities where a handshake still means something and your name is your bond, being labeled a thief can be socially and professionally devastating.

Loss of Your Second Amendment Rights

For many Minnesotans, especially in rural areas, hunting and firearm ownership are a way of life. A felony conviction for livestock theft will result in a lifetime ban on possessing firearms. This is often one of the most painful and permanent consequences for my clients.

A Damaged Reputation in Your Community

In a small town or a farming community, everyone knows everyone. A public accusation of rustling can make you an outcast. It can destroy relationships with neighbors, hurt your family, and make it difficult to do business. Clearing your name is about restoring your place in the community you call home.

Barriers to Your Livelihood

If you work in agriculture, a conviction for rustling or livestock theft can be a career-ender. No one will want to hire you, do business with you, or trust you with their operations. It can also make it nearly impossible to get the bank loans and credit necessary to run a modern farm.

The Threat of Financial Ruin from a Civil Suit

Remember, on top of the criminal penalties, a conviction makes you vulnerable to a civil lawsuit for triple damages. A $10,000 livestock theft could turn into a $30,000 civil judgment, plus attorney’s fees. This can lead to bankruptcy and the loss of the very farm and assets you’ve worked your whole life to build.

Why You Need a Tough, Experienced Minnesota Defense Attorney

When you are charged with a crime like rustling, you are facing a prosecutor who sees the case in black and white. They will not understand the nuances of a property line dispute or the complexities of rural life. You need an attorney who does. You need a fighter who can stand up to the government and protect your rights, your property, and your good name.

I Understand What Is at Stake for You

I know that this case isn’t just about a few animals. It’s about your family’s legacy, your reputation, your right to own a firearm, and your ability to make a living. I approach every case with a full understanding of these high stakes. My goal is not just to resolve a criminal charge; it’s to protect your entire way of life.

A Proactive Defense is Your Best Defense

The sooner you hire an attorney, the more I can do to help. By getting involved early, I can conduct my own investigation, interview witnesses before their memories fade, and engage with the prosecutor from a position of strength. Often, a well-prepared defense presented early can convince a prosecutor to reduce the charges or even decide not to pursue the case at all.

I Am Not Afraid to Challenge the State’s “Facts”

The state will build its case on the testimony of the alleged victim and their valuation of the animals. I am not afraid to challenge this. I will cross-examine witnesses to expose inconsistencies and motivations. I will bring in my own experts to dispute the state’s valuation of the livestock. I will force the prosecutor to prove every single detail of their case.

A Fighter for Rural and Metro Minnesota Alike

Whether you’ve been charged in a rural county or your case has landed in a metro-area court, I have the experience to defend you. I understand that the approach that works in a Minneapolis courtroom might need to be adapted for a case in Stearns County. I am prepared to fight for you, wherever you are. Your freedom and your future are too important to entrust to anyone less than a dedicated, experienced defense attorney. Call me today.

Rustling and Livestock Theft in Minnesota