Identity Theft Charges in Minnesota: Laws, Penalties, and Defenses
Facing identity theft charges in Minnesota can lead to serious criminal penalties, including felony convictions, prison time, and life-altering consequences. What is identity theft under Minnesota law, and what should you do if you’re charged?
Identity theft in Minnesota involves using someone else’s personal information without their consent to commit or aid unlawful activity. Penalties range from misdemeanors to felonies based on the value stolen and number of victims. Legal guidance from an experienced criminal defense attorney is crucial to avoid long-term consequences.
With over 40 years of experience defending Minnesotans against serious criminal charges, Gerald Miller, P.A. provides aggressive, strategic representation to fight identity theft allegations head-on.
What Is Considered Identity Theft in Minnesota?
Identity theft is defined under Minnesota Statutes § 609.527 as knowingly using, possessing, or transferring someone else’s personal identifying information with the intent to commit, aid, or abet unlawful activity.
Key forms of unlawful activity include:
- Felony offenses in Minnesota, other states, or federal jurisdictions
- Non-felony theft-related crimes, such as:
- Theft or theft by swindle
- Forgery
- Fraud
- Providing false information to a public official
Important: If the alleged conduct doesn’t involve a felony or qualifying non-felony crime, the prosecution may fail to prove identity theft under state law.
Additional Ways You Can Be Charged With Identity Theft
In Minnesota, certain actions may also trigger identity theft charges even without directly stealing funds:
- Phishing or deception online: Using a false pretense in an email, website, or electronic message to obtain someone’s personal data.
- Card scanning or skimming: Using a device to scan or re-encode a credit card or payment information without the cardholder’s consent, with the intent to commit a crime.
Even without direct financial gain, these actions can lead to criminal prosecution.
What Are the Penalties for Identity Theft in Minnesota?
Penalties vary based on the value obtained and the number of victims involved. Minnesota law allows prosecutors to aggregate multiple offenses over a six-month period to enhance the charge. Each identity theft case can carry unique penalties depending on the specific details of the crime.
| Value or Victims Involved | Offense Level | Possible Sentence |
|---|---|---|
| Under $250, 1 victim | Misdemeanor | Up to 90 days in jail and/or $1,000 fine |
| $250–$500, 1 victim | Gross Misdemeanor | Up to 1 year in jail and/or $3,000 fine |
| Over $500 or 2+ victims | Felony | Up to 5 years in prison and/or $10,000 fine |
| $2,500–$35,000 or 3–7 victims | Felony | Up to 10 years in prison and/or $20,000 fine |
| $35,000+ or 8+ victims | Felony | Up to 20 years in prison and/or $100,000 fine |
Restitution Requirements
Convicted individuals are required to pay restitution to victims—minimum $1,000, even if actual damages were lower.
Can Identity Theft Be a Federal Crime?
Yes. Identity theft can be prosecuted at the federal level under statutes like the Identity Theft and Assumption Deterrence Act, the Computer Fraud and Abuse Act, or 18 U.S.C § 1028, especially if the offense involves:
- Use of interstate communication (emails, websites)
- Federal agencies or employees
- Multi-state criminal activity
- Financial institutions or federal benefits
- Federal law enforcement agencies and prosecutors typically only get involved in identity theft if the offense crosses state lines or involves significant loss.
Federal penalties can include longer prison sentences, steeper fines, and mandatory restitution. The possible punishments for a federal identity theft conviction can include prison time and fines, which are often more severe than state-level penalties.
How Identity Theft Investigations Work in Minnesota
Minnesota identity theft cases often begin long before an arrest, with extensive investigations by local police, state task forces, or federal agencies. The Identity Theft and Assumption Deterrence Act, passed by Congress in 1998, plays a key role in addressing these crimes.
Depending on the nature of the alleged offense, your case may involve:
- Subpoenas for bank, phone, or internet records
- Surveillance footage or IP address tracking
- Warrants to search your home, phone, or computer
- Interviews with alleged victims and witnesses
- Involvement from agencies like the FBI or Secret Service for federal identity fraud
An attorney can intervene early during the investigation stage to help protect your rights, clarify misunderstandings, and prevent formal charges from being filed.
What Counts as “Personal Identifying Information” Under Minnesota Law?
Under Minnesota Statute § 609.527, personal identifying information includes more than just Social Security numbers or bank accounts. The law covers:
- Full legal name
- Date of birth
- Social Security number
- Driver’s license or state ID number
- Checking/savings account numbers
- Credit card numbers
- Digital credentials (email logins, passwords)
- Biometric data (fingerprints, facial scans)
Possessing any of the above with criminal intent—even without using it—can result in felony identity theft charges.
Common Examples of Identity Theft in Minnesota
To fully understand what constitutes identity theft, here are real-world examples that often lead to charges:
- Credit card fraud: Opening a credit card in someone else’s name
- Tax fraud: Filing false tax returns using stolen Social Security numbers
- Medical identity theft: Receiving treatment using another person’s insurance or identity. Medical identity theft occurs when someone uses another person’s identity to obtain healthcare benefits, including prescription medications or costly medical treatments.
- Social Security identity theft: Using another’s Social Security Number to create a false identity.
- Employment fraud: Using fake identification to gain employment
- Account takeover: Accessing someone’s email, social media, or bank account and misusing it
- Synthetic identity fraud: Creating a false identity using real and fake information
- Financial identity theft: Illegally using another person’s identity to gain unauthorized access to credit cards or bank accounts for personal benefit
Even if you didn’t steal money directly, unauthorized access to another’s information can still lead to felony charges.
The Role of Digital Evidence in Identity Theft Cases
Digital footprints often play a major role in proving or disproving identity theft allegations. Prosecutors frequently rely on:
- IP logs and email metadata
- Web server logs from phishing websites
- Cloud storage contents
- Social media accounts and messages
- Phone GPS history and browsing history
- Transaction timestamps and login credentials
Our defense team uses digital forensics experts to challenge or discredit this type of evidence when it’s incomplete, inaccurate, or obtained unlawfully.
Collateral Consequences of an Identity Theft Conviction
Beyond jail time or fines, an identity theft conviction can carry serious long-term consequences, such as:
- Criminal record: A felony can permanently impact your employment, housing, and education options. Many employers conduct background checks that can reveal an identity theft conviction.
- Loss of professional licenses: Nurses, teachers, financial professionals, and others may lose their certification. Restrictions on certain professions can occur due to an identity theft conviction.
- Immigration consequences: Non-citizens may face deportation or denial of naturalization
- Loss of gun rights: Felony convictions in Minnesota can result in permanent loss of firearm ownership rights
- Voting restrictions: Felony convictions typically lead to voting restrictions.
- Credit damage: Investigations and civil lawsuits from victims may affect your financial reputation
- Restrictions on obtaining loans and credit cards: Convictions can lead to difficulties in accessing financial services
- Criminal record: A felony can permanently impact your employment, housing, and education options
- Loss of professional licenses: Nurses, teachers, financial professionals, and others may lose their certification
- Immigration consequences: Non-citizens may face deportation or denial of naturalization
- Loss of gun rights: Felony convictions in Minnesota can result in permanent loss of firearm ownership rights
- Credit damage: Investigations and civil lawsuits from victims may affect your financial reputation
This makes early intervention by an experienced defense attorney all the more essential.
Can You Be Sued for Identity Theft?
Yes. In addition to criminal charges, you may face civil lawsuits filed by identity theft victims. Minnesota law allows victims to sue for:
- Actual financial losses
- Emotional distress
- Punitive damages
- Attorney’s fees
Even if criminal charges are dismissed or resolved, civil liability may remain. A criminal defense attorney can work with civil counsel to help mitigate both sides of the case.
Expungement and Record Sealing for Identity Theft Charges
If you’ve been convicted of identity theft—or had your charges dismissed—you may be eligible for expungement under Minnesota law, depending on:
- The level of the offense (misdemeanor, gross misdemeanor, or felony)
- Time elapsed since sentence completion (typically 2–5 years)
- Whether you’ve remained crime-free
- Whether your charges were dismissed or resolved in your favor
Expungement can seal your criminal record from public access, which helps with employment, housing, and background checks. Gerald Miller, P.A. handles expungement petitions for qualifying clients.
How Prosecutors Build Identity Theft Cases in Minnesota
Minnesota prosecutors rely on three main elements to prove identity theft:
- Possession or use of another person’s identifying information
- Intent to commit or assist in unlawful activity
- Resulting damage or attempted benefit
The prosecution must prove beyond reasonable doubt that there was malicious criminal intent in identity theft cases.
They may also attempt to prove:
- Pattern of conduct (e.g., multiple victims or repeated use)
- Aggregation over six months to elevate the offense level
- Use of electronic devices to show deliberate effort
Our firm knows how prosecutors build these cases—and how to dismantle their narrative.
How Fast Should You Act After Being Accused?
Immediately. Whether you’ve been questioned, had your property searched, or learned you’re under investigation, taking fast legal action is critical. Here’s why:
- You may be able to prevent charges from being filed
- Your lawyer can begin building a defense before evidence disappears
- You can avoid self-incrimination in interviews or interrogations
- Strategic early motions may lead to dismissal or reduction
The earlier you contact Gerald Miller, P.A., the more options you’ll have.
Additional Signs You May Be Under Investigation for Identity Theft
Not every defendant is arrested immediately. Warning signs that you may be under suspicion include:
- Police asking to “just talk” or “clear things up”
- You’re contacted by financial institutions or victims
- Your employer notifies you of legal concerns
- You receive a subpoena for documents or testimony
- Your devices or accounts are accessed or seized
If you suspect you’re under investigation, do not wait for an arrest—call an attorney now.
Common Defenses to Identity Theft Charges
Successfully fighting an identity theft charge requires a strategic, individualized defense. Common legal defenses include:
- Lack of criminal intent: You didn’t knowingly commit or assist in unlawful activity.
- Mistaken identity: You were falsely accused or misidentified as the perpetrator.
- No unlawful activity involved: Even if someone else’s information was used, if no qualifying crime occurred, the case may not meet the legal definition.
- Consent: The information was used with the person’s permission.
- Illegal search or seizure: If your rights were violated during investigation, evidence may be suppressed.
- No intent to defraud: If there was no intent to defraud, you might be able to avoid a conviction for identity theft.
- Lack of criminal intent: You didn’t knowingly commit or assist in unlawful activity.
- Mistaken identity: You were falsely accused or misidentified as the perpetrator.
- No unlawful activity involved: Even if someone else’s information was used, if no qualifying crime occurred, the case may not meet the legal definition.
- Consent: The information was used with the person’s permission.
- Illegal search or seizure: If your rights were violated during investigation, evidence may be suppressed.
The right defense strategy can mean the difference between prison time and a dismissed charge.
How Gerald Miller, P.A. Can Help You Fight Identity Theft Charges
At Gerald Miller, P.A., we understand the high stakes involved in identity theft cases. Whether you’re being investigated, charged, or have already been arrested, our legal team moves fast to protect your rights and build a strong defense.
Here’s what we do:
- Examine the evidence and challenge weak claims
- Prevent overcharging by stopping aggregation abuse
- Negotiate with prosecutors to reduce or dismiss charges
- File motions to suppress illegally obtained evidence
- Prepare a trial-ready strategy if necessary
We’ve successfully defended thousands of Minnesotans facing serious criminal accusations. Let our decades of experience work for you.
What To Do If You’re Charged With Identity Theft in Minnesota
If you’re facing identity theft charges, act quickly. Here’s what you should do immediately:
- Do not speak to law enforcement without legal counsel.
- Do not attempt to contact the alleged victim or use social media to explain your side.
- Hire a skilled Minnesota criminal defense attorney with a proven track record in white-collar crimes and identity theft.
Why Choose Gerald Miller, P.A.?
✔️ Over 40 Years Defending Minnesota Residents
✔️ Nationally Recognized Criminal Defense Attorneys
✔️ Strategic, Personalized Legal Representation
✔️ 24/7 Availability for Urgent Legal Help
✔️ Free Case Evaluations — No Obligation
When your reputation, freedom, and future are on the line, trust a firm that’s known for results.
Schedule Your Free Identity Theft Consultation Today
Don’t face the justice system alone. If you’ve been accused of identity theft in Minnesota, Gerald Miller, P.A. is here to help. Our experienced criminal defense lawyers know how to challenge identity theft charges and fight for your best outcome.
Call 612-341-9080 Schedule your free, confidential consultation now
Resources:
- Minnesota Statute § 609.527 – Identity Theft
- Federal Trade Commission – Identity Theft
- U.S. Department of Justice – Identity Theft Resource Guide
