Minnesota Statutes Crimes; Expungement; Victims (Ch. 609-624) § 609.528. Possession or sale of stolen or counterfeit check;  penalties

Subdivision 1. Definition.  (a) As used in this section, the following terms have the meanings given them in this subdivision.

(b) “Direct victim” means any person or entity described in section 611A.01 , paragraph (b), from whom a check is stolen or whose name or other identifying information is contained in a counterfeit check.

(c) “Indirect victim” means any person or entity described in section 611A.01 , paragraph (b), other than a direct victim.

(d) “Loss” means value obtained, as defined in section 609.52, subdivision 1 , clause (3), and expenses incurred by a direct or indirect victim as a result of a violation of this section.

Subd. 2. Crime.  A person who sells, possesses, receives, or transfers a check that is stolen or counterfeit, knowing or having reason to know the check is stolen or counterfeit, is guilty of a crime and may be punished as provided in subdivision 3.

Subd. 3. Penalties.  A person who violates subdivision 2 may be sentenced as follows:

(1) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced as provided in section 609.52, subdivision 3 , clause (5);

(2) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500, the person may be sentenced as provided in section 609.52, subdivision 3 , clause (4);

(3) if the offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500, the person may be sentenced as provided in section 609.52, subdivision 3 , clause (3);  and

(4) if the offense involves four or more direct victims, or if the total, combined loss to the direct and indirect victims is more than $2,500, the person may be sentenced as provided in section 609.52, subdivision 3 , clause (2).


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