Identity Theft Charges in Minnesota (Minn. Stat. § 609.527)

What counts as identity theft?

The core of the offense is using someone else’s identity for an unlawful purpose. “Identity” is defined broadly and includes things like a name, date of birth, Social Security or other identification number, account numbers, passwords, biometric data, and similar identifying information. The key elements the state must prove are:

• You transferred, possessed, or used an identity that was not your own;
• You did so without the other person’s consent; and
• You acted with the intent to commit, aid, or abet any unlawful activity.

Note how broad that last element is — the unlawful activity does not have to be completed, and it does not have to be a financial crime. The intent to use the identity for some unlawful end is what matters.

How the penalties scale

Like theft, identity theft is graded primarily by the number of direct victims and the total loss (combined value of property, services, or other benefit obtained or attempted):

• Smaller cases (a single victim, low or no loss) are charged at the misdemeanor or gross misdemeanor level.
• As the loss amount and number of victims rise, the offense becomes a felony, with escalating maximum sentences and fines for higher loss thresholds and more victims.
• The most serious cases — large losses or many victims — carry the longest felony exposure.

Because the grading turns on loss and victim count, exactly how the loss is calculated and how many “direct victims” there are can significantly change the charge level — and both are sometimes contestable.

Related offenses often charged alongside

Identity theft frequently appears with related charges, including possession or sale of a stolen or counterfeit check (§ 609.528), mail theft (§ 609.529), financial transaction card fraud, forgery, and general theft or fraud. The same conduct can support multiple charges, which is part of why these cases can look bigger than the underlying facts.

Defenses to an identity theft charge

• No unlawful intent. Possessing or using another’s information is not enough — the state must prove you intended to commit, aid, or abet unlawful activity. Authorized use, a genuine misunderstanding, or innocent possession can defeat that element.
• Consent / authority. Whether you actually had permission to use the information (common in family, business, or account-sharing situations).
• Identity / who did it. Especially in online and financial cases, whether the state can prove you were the person who used the identity, rather than someone with access to the same device or account.
• Loss and victim count. Challenging how the loss was calculated and the number of direct victims, which can reduce the charge level.
• Unlawful search. Identity theft cases are often built on digital evidence; if it was obtained unlawfully, it may be subject to suppression.