Minnesota
Minnesota Embezzlement and Forgery Laws: Penalties (2026)
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Minnesota's criminal code has no general offense named embezzlement. An employee or agent who keeps or diverts money that belongs to someone else commits theft under Minn. Stat. 609.52, which reaches anyone who "takes, uses, transfers, conceals or retains possession" of another's property without consent and with intent to deprive the owner permanently, and whoever diverts corporate property with intent to defraud. Theft is generally a felony when the value is more than $1,000. Embezzlement of public funds is a separate crime under 609.54, and forgery is split into several offenses by what is forged, led by aggravated forgery (609.625) and check forgery (609.631). For other states, see our guide to embezzlement and forgery laws by state.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Minnesota statutes that reach embezzlement-type conduct (Minn. Stat. 609.52, including the 2026 amendment to subdivision 3a), financial exploitation of a vulnerable adult (609.2335 and the 609.232 definition), embezzlement of public funds (609.54 and Minn. Const. art. XI, s. 13), the public-funds and public-officer offenses 609.43, 609.445, 609.45, 609.455 and 609.465, office vacancy (351.02), the bank-officer penalty in 48.88, insurance fraud (609.611), the forgery and related offenses in chapter 609 named below, the crime classes and default penalties in 609.02, 609.03 and 609.0341, sentencing stays and the repeat-felony departure in 609.135 and 609.1095, the corporate assessment in 609.1015, and the time limits in 628.26. It does not cover the full theft value and property table (see Minnesota theft laws), the Sentencing Guidelines, identity theft in depth, scams and victim reporting, federal offenses, civil lawsuits, or local ordinances.
What is embezzlement in Minnesota?
In Minnesota's criminal code, private embezzlement is theft. Section 609.52 subd. 2(a) lists the forms, beginning with clause (1):
"Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3: (1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property"
Another clause targets insiders who misuse a company's assets: clause (15) covers a person who, "with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation." Other clauses reach swindling, "whether by artifice, trick, device, or any other means" (clause (4)), and wage theft (clause (19)).
Co-ownership does not take property outside the statute. Under 609.52 subd. 1(8), "Property of another" includes "property in which the actor is co-owner or has a lien, pledge, bailment, or lease or other subordinate interest, property transferred by the actor in circumstances which are known to the actor and which make the transfer fraudulent as defined in section 513.44, property possessed pursuant to a short-term rental contract, and property of a partnership of which the actor is a member, unless the actor and the victim are spouses."
The one crime that keeps the embezzlement name is embezzlement of public funds, 609.54, covered below.
Is embezzlement a felony in Minnesota?
Generally yes, when the value is more than $1,000. Section 609.52 subd. 3 sets the maximums:

- More than $35,000, for listed forms only: up to 20 years, a $100,000 fine, or both, "if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i)."
- More than $5,000: up to 10 years, a $20,000 fine, or both.
- More than $1,000 but not more than $5,000: up to 5 years, a $10,000 fine, or both.
- More than $500 but not more than $1,000: up to 364 days, a $3,000 fine, or both, unless the prior-conviction rule described below applies.
- $500 or less: up to 90 days, a $1,000 fine, or both.
Because the 20-year tier names specific clauses, a theft by retention under clause (1) over $35,000 falls under the 10-year tier on the statute's text, while corporate-property diversion under clause (15) over $35,000 reaches 20 years.
The 5-year felony tier also reaches some thefts of $1,000 or less. Under subd. 3(3)(d), one of the listed circumstances is that "the property consists of public funds belonging to the state or to any political subdivision or agency thereof." Our Minnesota theft laws page covers the other circumstances.
A prior record also moves the felony line. Under subd. 3(3)(c), theft of more than $500 but not more than $1,000 carries up to five years and $10,000 if the person "has been convicted within the preceding five years" of theft, aggravated forgery, forgery, check forgery or another listed offense, and "received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence."
"Value" means "the retail market value at the time of the theft," or replacement cost if that cannot be ascertained, and "for a check, draft, or other order for the payment of money, 'value' means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order" (609.52 subd. 1(3)).
Adding up repeated takings
The aggregation proviso in 609.52 subd. 3 reads: "in any prosecution under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph." Corporate-property diversion, clause (15), is not among the listed clauses.
Enhanced penalties: risk of harm and vulnerable adults
Section 609.52 subd. 3a, as amended by 2026 Minn. Laws ch. 118, art. 5, s. 2, has two enhancements. Under paragraph (a), "if a violation of this section creates a reasonably foreseeable risk of bodily harm to another," a misdemeanor or gross misdemeanor becomes a felony with a maximum of three years and $5,000, and a felony's statutory maximum is 50 percent longer.
Paragraph (b), new in 2026, reads:
"(b) If a person violates this section knowing or having reason to know that the victim of the offense is a vulnerable adult as defined in section 609.232, subdivision 11, the penalties described in subdivision 3 are enhanced as follows: (1) if the penalty is a misdemeanor, the person is guilty of a gross misdemeanor; (2) if the penalty is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both; and (3) if the penalty is a felony, the statutory maximum sentence for the offense is 25 percent longer than for the underlying crime."
The act states: "This section is effective August 1, 2026, and applies to crimes committed on or after that date."
Minnesota crime classes
Section 609.02 defines the classes: a felony is "a crime for which a sentence of imprisonment for one year or more may be imposed"; a misdemeanor is "a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed"; and a gross misdemeanor is "any crime which is not a felony or misdemeanor," which carries up to 364 days and $3,000 when the offense section states no other punishment (609.03, 609.0341). Minnesota offense sections state their own maximums, as above.
These are maximums. Under 609.135 subd. 1(a), "Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11, any court may stay imposition or execution of sentence" and may place the defendant on probation. Under 609.1095 subd. 4, when the judge is imposing an executed sentence based on a Sentencing Guidelines presumptive imprisonment sentence, the judge "may impose an aggravated durational departure from the presumptive sentence up to the statutory maximum sentence if the factfinder determines that the offender has five or more prior felony convictions and that the present offense is a felony that was committed as part of a pattern of criminal conduct." For the full class overview, see our page on Minnesota felony and misdemeanor classes.
Financial exploitation of a vulnerable adult (609.2335)
Minnesota has a separate crime for fiduciaries and others who misuse a vulnerable adult's money. Section 609.2335 subd. 1 provides that "whoever does any of the following acts commits the crime of financial exploitation," beginning with:
"(1) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501 intentionally: ... (ii) uses, manages, or takes either temporarily or permanently the real or personal property or other financial resources of the vulnerable adult, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult"
Clause (1) also covers intentionally failing to use the adult's resources for their care and depriving the adult of them. Clause (2) covers acting without legal authority to acquire an interest in the adult's property by undue influence, harassment or duress (item (i)), forcing the adult to perform services for another's profit (item (ii)), and establishing a fiduciary relationship by undue influence (item (iii)).
Under subd. 3, "A person who violates subdivision 1, clause (1) or (2), item (i), may be sentenced as provided in section 609.52, subdivision 3," and a person who violates clause (2), item (ii) or (iii), "may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both." Subdivision 4 allows the value received within any six-month period to be aggregated. Section 609.2335 subd. 2(b) states: "If the actor knew or had reason to know that the vulnerable adult lacked capacity to consent, consent is not a defense to a violation of this section."
Who is a vulnerable adult?
The definition in 609.232 subd. 11 has no age line. "Vulnerable adult" means any person 18 or older who: "(1) is a resident inpatient of a facility"; (2) receives services at or from a facility required to be licensed to serve adults under chapter 245A, with stated exceptions for some outpatient chemical-dependency or mental-illness treatment and some civil commitments; (3) receives services from a licensed home care provider or other provider listed in that clause; or:
"(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction: (i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and (ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment."
For the wider picture of money scams aimed at older people, see our guide to elder fraud. For reporting fraud in Minnesota, see our guide to Minnesota scam and fraud laws.
Public funds and public officers
Embezzlement of public funds (609.54)
Section 609.54 applies to "whoever does an act which constitutes embezzlement under the provisions of Minnesota Constitution, article XI, section 13." The sentence is up to five years, a $10,000 fine, or both, "if the value of the funds so embezzled is $2,500, or less," and up to ten years, a $20,000 fine, or both, "if such value is more than $2,500."
The constitutional provision defines the act:
"If any person converts to his own use in any manner or form, or shall loan, with or without interest, or shall deposit in his own name, or otherwise than in the name of the state of Minnesota; or shall deposit in banks or with any person or persons or exchange for other funds or property, any portion of the funds of the state or the school funds aforesaid, except in the manner prescribed by law, every such act shall be and constitute an embezzlement of so much of the aforesaid state and school funds, or either of the same, as shall thus be taken, or loaned, or deposited or exchanged, and shall be a felony. Any failure to pay over, produce or account for the state school funds, or any part of the same entrusted to such officer or persons as by law required on demand, shall be held and be taken to be prima facie evidence of such embezzlement."
The constitutional text speaks of state and school funds. Theft of public funds belonging to a political subdivision is a felony at any value under the theft statute, 609.52 subd. 3(3)(d)(iv), described above.
Failure to pay over state funds (609.445)
Section 609.445 applies to "whoever receives money on behalf of or for the account of the state or any of its agencies or subdivisions and intentionally refuses or omits to pay the same to the state or its agency or subdivision entitled thereto, or to an officer or agent authorized to receive the same." The maximum is five years, a $10,000 fine, or both, at any amount.
Other public-officer offenses
- Misconduct of public officer or employee (609.43): among other acts, a public officer or employee who, in that capacity, "makes a return, certificate, official report, or other like document having knowledge it is false in any material respect" may be sentenced to up to 364 days, a $3,000 fine, or both.
- Unauthorized compensation (609.45): a public officer or public employee who "under color of office or employment intentionally asks, receives, or agrees to receive a fee or other compensation in excess of that allowed by law or where no such fee or compensation is allowed, is guilty of a misdemeanor."
- Permitting false claims against government (609.455): "A public officer or employee who audits, allows, or pays any claim or demand made upon the state or subdivision thereof or other governmental instrumentality within the state which the public officer or employee knows is false or fraudulent in whole or in part, may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both."
- Presenting false claims to a public officer or body (609.465): a person who presents a false claim with intent to defraud "is guilty of an attempt to commit theft of public funds and may be sentenced accordingly."
Loss of office (351.02)
Under 351.02, every office becomes vacant before the end of its term on "(5) the incumbent's conviction of any infamous crime, or of any offense involving a violation of the official oath."
Banks, insurers and corporate defendants
- Bank officers (48.88): "Any officer or employee of a bank or trust company who violates the provisions of sections 48.15 and 48.16 to 48.20, or who consents thereto or connives thereat, shall be guilty of a gross misdemeanor."
- Insurance fraud (609.611): includes a person who "diverts, misappropriates, converts, or embezzles funds of an insurer, insured, claimant, or applicant for insurance" in connection with an insurance transaction, the business of an insurer or insurance professional, or the formation or dissolution of an insurer. The offense "may be sentenced as provided in section 609.52, subdivision 3, based on the greater of (i) the value of property, services, or other benefit wrongfully obtained or attempted to obtain, or (ii) the aggregate economic loss suffered by any person as a result of the violation," and restitution is mandatory.
- Corporate defendants (609.1015): when sentencing a corporation convicted of a crime, "the court must impose an assessment of up to $1,000,000 if the conviction is for a felony offense, up to $250,000 if the conviction is for a gross misdemeanor offense, and up to $100,000 if the conviction is for a misdemeanor offense," with a floor of 30 percent of the maximum "unless the defendant makes a showing of undue hardship." The section is effective July 1, 2025, for sentences announced on or after that date.
What is forgery in Minnesota?
Minnesota does not have one forgery offense. The statutes divide by the kind of document.
Aggravated forgery (609.625)
Aggravated forgery covers writings that create or evidence legal rights, among other listed kinds. Subdivision 1 provides:
"Whoever, with intent to defraud, falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another or by the maker or alterer under an assumed or fictitious name, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of aggravated forgery and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both: (1) a writing or object whereby, when genuine, legal rights, privileges, or obligations are created, terminated, transferred, or evidenced, or any writing normally relied upon as evidence of debt or property rights, other than a check as defined in section 609.631 or a financial transaction card as defined in section 609.821"
The other listed kinds include official seals, public records, court orders and records of public bodies and public depositories. Subdivision 2 applies the same penalty to whoever, with intent to defraud, "makes, engraves, possesses or transfers a plate or instrument for the false reproduction" of a listed writing, a check or a financial transaction card.
Uttering (609.625 subd. 3): "Whoever, with intent to defraud, utters or possesses with intent to utter any forged writing or object mentioned in subdivision 1, not including a check as defined in section 609.631 or a financial transaction card as defined in section 609.821, knowing it to have been so forged, may be sentenced as provided in subdivision 1."
Obtaining a signature by false pretense (609.635): "Whoever, by false pretense, obtains the signature of another to a writing which is a subject of forgery under section 609.625, subdivision 1, may be punished as therein provided."
Check forgery and offering a forged check (609.631)
Checks have their own section. Under 609.631 subd. 2, a person is guilty of check forgery if, with intent to defraud, the person "(1) falsely makes or alters a check so that it purports to have been made by another or by the maker under an assumed or fictitious name, or at another time, or with different provisions, or by the authority of one who did not give authority; or (2) falsely endorses or alters a check so that it purports to have been endorsed by another." Under subd. 3, "A person who, with intent to defraud, offers, or possesses with intent to offer, a forged check, whether or not it is accepted, is guilty of offering a forged check."
Subdivision 4 grades both by the amount obtained or attempted, or the aggregate face amount:
- More than $35,000: up to 20 years and $100,000.
- More than $2,500: up to ten years, a $20,000 fine, or both.
- More than $250 but not more than $2,500: up to five years, a $10,000 fine, or both, and the same tier applies to a check of $250 or less if the person has a listed prior conviction within five years for which a felony or gross misdemeanor sentence, or a qualifying stayed sentence under 609.135, was received (subd. 4(3)(b)).
- No more than $250: up to 364 days, a $3,000 fine, or both, unless the prior-conviction rule in subd. 4(3)(b) applies.
Is signing someone else's name on a check forgery?
Section 609.631 answers this only through its own terms: check forgery includes falsely endorsing a check "so that it purports to have been endorsed by another," and making a check that purports to be made "by the authority of one who did not give authority," in each case "with intent to defraud." If you are dealing with a forged or washed check as the victim, our guide to mail theft and check washing covers reporting and bank steps.
Forgery (609.63)
The offense titled simply "forgery" is narrower than many readers expect. Under 609.63 subd. 1, "Whoever, with intent to injure or defraud, does any of the following is guilty of forgery and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both," and the list includes "(1) uses a false writing, knowing it to be false, for the purpose of identification or recommendation" and "(5) destroys, mutilates, or by alteration, false entry or omission, falsifies any record, account, or other document relating to a private business." Other listed acts include falsely making membership cards or transportation documents, falsifying public records, and destroying a writing to prevent its production at trial.
Under subd. 2, offering a forged writing or object "in evidence in the trial of a felony charge" carries up to five years and $10,000; in all other cases the maximum is three years and $5,000.
Other forgery and fraud offenses
- Recording or filing a forged instrument (609.64): intentionally presenting for filing, or filing, "a false or forged instrument relating to or affecting real or personal property in a public office" carries up to three years, a $5,000 fine, or both.
- Issuing a dishonored check (609.535): issuing a check the issuer intends "shall not be paid" carries up to five years and $10,000 above $500, up to 364 days and $3,000 above $250, and up to 90 days and $1,000 at $250 or less.
- Possession or sale of a stolen or counterfeit check (609.528): selling, possessing, receiving or transferring a check "knowing or having reason to know the check is stolen or counterfeit," sentenced by loss and number of victims on the theft ladder.
- Identity theft (609.527): transferring, possessing or using "an identity that is not the person's own, with the intent to commit, aid, or abet any unlawful activity," sentenced by loss and number of victims. Our page on Minnesota identity theft laws covers it in detail.
- Counterfeiting of currency (609.632): making counterfeit currency or the means to make it carries up to 20 years and $100,000; uttering it is graded by amount.
- Fraudulent statements (609.645): up to three years and $5,000.
- False certification by notary public (609.65): up to three years and $5,000 with intent to injure or defraud; otherwise up to 90 days and $1,000.
- Defeating security on personalty (609.62 subd. 2): up to three years and $6,000.
Minnesota embezzlement and forgery offenses at a glance
| Offense | Statute | What it prohibits | Grade | Statutory maximum |
|---|---|---|---|---|
| Theft, including retention of another's property | 609.52 subd. 2(a)(1), graded by subd. 3 | Taking, using, transferring, concealing or retaining another's movable property without consent, intending permanent deprivation | Misdemeanor at $500 or less; gross misdemeanor above $500; felony above $1,000, above $500 with a qualifying prior conviction (see above), or at any value for public funds and other listed circumstances | 90 days and $1,000; 364 days and $3,000; 5 years and $10,000; 10 years and $20,000 above $5,000 |
| Diversion of corporate property | 609.52 subd. 2(a)(15) | With intent to defraud, diverting corporate property from its business purposes | Same ladder; 20-year tier above $35,000 | Up to 20 years and $100,000 above $35,000 |
| Vulnerable-adult enhancement (crimes on or after August 1, 2026) | 609.52 subd. 3a(b) | Theft committed knowing or having reason to know the victim is a vulnerable adult | One level higher; felony maximum 25 percent longer | Gross misdemeanor becomes a felony of up to 2 years and $5,000 |
| Financial exploitation of a vulnerable adult | 609.2335 | Fiduciary misuse of a vulnerable adult's resources; acquiring them by undue influence, harassment or duress | Theft ladder for clause (1) and (2)(i); 364-day level for (2)(ii) and (iii) | By value under 609.52 subd. 3, up to 20 years above $35,000; 364 days and $3,000 |
| Embezzlement of public funds | 609.54; Minn. Const. art. XI, s. 13 | Converting, loaning or improperly depositing state or school funds | Felony | 5 years and $10,000 at $2,500 or less; 10 years and $20,000 above $2,500 |
| Failure to pay over state funds | 609.445 | Keeping money received for the state or a subdivision instead of paying it over | Felony-length | 5 years and $10,000 |
| Unauthorized compensation | 609.45 | A public officer or employee taking a fee or compensation beyond what the law allows | Misdemeanor | 90 days and $1,000 |
| Misconduct of public officer or employee | 609.43 | Listed official misconduct, including knowingly false official reports | 364-day level | 364 days and $3,000 |
| Permitting false claims against government | 609.455 | An officer or employee knowingly paying or allowing a false claim | Felony-length | 5 years and $10,000 |
| Presenting false claims to a public body | 609.465 | Presenting a known false claim with intent to defraud | Attempted theft of public funds | Sentenced as an attempt |
| Bank officer violations | 48.88 | Violating listed bank sections 48.15 to 48.20 | Gross misdemeanor | 364 days and $3,000 (609.03, 609.0341) |
| Insurance fraud, including embezzling insurance funds | 609.611 | Diverting or embezzling funds of an insurer, insured, claimant or applicant | Theft ladder on value or loss | Up to 20 years and $100,000 by amount; restitution mandatory |
| Aggravated forgery, uttering and forgery devices | 609.625 | Forging or uttering legal-rights writings, seals, public records, court orders and other listed objects; plates for false reproduction | Felony | 10 years and $20,000 |
| Obtaining a signature by false pretense | 609.635 | Getting a signature on a writing covered by 609.625 | Punished as aggravated forgery | 10 years and $20,000 |
| Check forgery; offering a forged check | 609.631 | Falsely making, altering or endorsing a check, or offering a forged check, with intent to defraud | Graded by amount | 364 days and $3,000 at $250 or less (5 years with a qualifying prior conviction); up to 5, 10 or 20 years above $250, $2,500 and $35,000 |
| Forgery | 609.63 | False identification writings, falsified business or public records, and other listed acts | Felony | 3 years and $5,000; 5 years and $10,000 if offered in a felony trial |
| Recording or filing a forged instrument | 609.64 | Filing a forged property instrument in a public office | Felony | 3 years and $5,000 |
| Issuing a dishonored check | 609.535 | Issuing a check intended not to be paid | Misdemeanor to felony by amount | 90 days; 364 days; 5 years above $500 |
| Possession or sale of a stolen or counterfeit check | 609.528 | Dealing in checks known to be stolen or counterfeit | Theft ladder by loss and victims | Up to 10 years and $20,000 |
| Identity theft | 609.527 | Using another's identity to commit unlawful activity | Theft ladder by loss and victims | Up to 20 years and $100,000 |
| Counterfeiting of currency | 609.632 | Making counterfeit currency or the means to make it | Felony | 20 years and $100,000 |
| Fraudulent statements | 609.645 | False statements to give false value to securities or property, false manifests | Felony | 3 years and $5,000 |
| False certification by notary public | 609.65 | False certification of an acknowledgment or official act | Felony with intent to injure or defraud; otherwise misdemeanor | 3 years and $5,000; 90 days and $1,000 |
| Defeating security on personalty | 609.62 subd. 2 | Concealing or transferring secured property to defraud | Felony | 3 years and $6,000 |
| Office vacancy on conviction | 351.02(5) | Conviction of an infamous crime or an offense violating the official oath | Consequence | Office becomes vacant |
The maximums come from each offense section; 609.02 sets the class definitions. For the full class overview, see our page on Minnesota felony and misdemeanor classes.

How long does Minnesota have to charge embezzlement?
Section 628.26 sets the general rule: "In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense." That three-year period covers theft by retention under 609.52 subd. 2(a)(1), aggravated forgery and the general forgery section.
A five-year period applies to "section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000," and to identity theft with eight or more direct victims or a combined loss over $35,000.
2026 Minn. Laws ch. 97, art. 3, s. 4 adds a seven-year period for, among others, 609.465 (false claims to a public body), 609.52 subd. 2(a) clause (4) (swindling), 609.53 and 609.645. That section "is effective August 1, 2026, and applies to crimes committed on or after that date and to crimes committed before that date if the limitations period for the crime did not expire before August 1, 2026." A separate 2026 act, chapter 127, art. 7, s. 6, changed the six-year medical-assistance-fraud paragraph of 628.26 to refer to new section 609.467.
For insurance fraud, including embezzling insurance funds under 609.611, the period "shall not begin to run until the insurance company or law enforcement agency is aware of the fraud, but in no event may the prosecution be commenced later than seven years after the act has occurred" (609.611 subd. 2). The 628.26 periods also "exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state."
Our Minnesota statute of limitations page has the periods for other cases.
Recent changes
- 2026 Minn. Laws ch. 118, art. 5, s. 2, effective August 1, 2026: added paragraph (b) to 609.52 subd. 3a, raising theft penalties when the person knows or has reason to know the victim is a vulnerable adult. It applies only to crimes committed on or after August 1, 2026.
- 2026 Minn. Laws ch. 97, art. 3, s. 4, effective August 1, 2026: added the seven-year limitation period described above, which also reaches earlier crimes whose period had not expired by that date.
- 2026 Minn. Laws ch. 127, art. 7, ss. 4, 6 and 7, effective August 1, 2026: removed medical-assistance claim fraud from 609.52 subd. 2(a)(3) (it moves to a new section, 609.467, and 609.466 is repealed) and renumbered the workers' compensation claim items; the six-year paragraph of 628.26 now refers to 609.467. Clauses (1), (4) and (15) are unchanged.
- 2025 Minn. Laws ch. 35, art. 2, s. 19, effective July 1, 2025: created the corporate-defendant assessment in 609.1015, for sentences announced on or after that date.
The forgery sections 609.625, 609.63, 609.631 and 609.64, the public-funds section 609.54, and 609.2335 were not amended in the 2025 or 2026 sessions.
Federal law
Federal law also reaches embezzlement from banks and federal programs and wire or mail fraud schemes; the embezzlement and forgery laws hub covers those statutes.
Related pages
- Embezzlement and forgery laws by state
- Minnesota theft laws
- Minnesota felony and misdemeanor classes
- Minnesota identity theft laws
- Minnesota scam and fraud laws
- Minnesota statute of limitations
This article is general legal information about Minnesota criminal statutes, not legal advice. For a specific situation, contact a lawyer licensed in Minnesota.
Last updated: 2026-10-17.
Frequently Asked Questions
Is embezzlement a crime in Minnesota?
Yes, as theft. Minnesota's criminal code has no general offense named embezzlement; Minn. Stat. 609.52 subd. 2(a)(1) makes it theft to intentionally and without claim of right take, use, transfer, conceal or retain possession of another's movable property without consent and with intent to deprive the owner permanently. Embezzlement of public funds is a separate offense under 609.54.
Is embezzlement a felony in Minnesota?
Generally yes when the value is more than $1,000, which carries up to 5 years and $10,000 under 609.52 subd. 3(3). Above $5,000 the maximum is 10 years; at $1,000 or less it is a gross misdemeanor or misdemeanor unless a listed circumstance applies, such as the property being public funds, or, when the value is more than $500, a listed prior conviction within five years for which a felony or gross misdemeanor sentence, or a qualifying stayed sentence, was received.
What is the penalty for embezzlement in Minnesota?
Under 609.52 subd. 3, the maximums are 90 days and $1,000 at $500 or less, 364 days and $3,000 above $500, 5 years and $10,000 above $1,000, 10 years and $20,000 above $5,000, and 20 years and $100,000 above $35,000 for the listed fraud-type forms. A listed prior conviction within five years that drew a felony or gross misdemeanor sentence, or a qualifying stayed sentence, can raise a theft above $500 to the 5-year tier, and for crimes on or after August 1, 2026, a vulnerable-adult victim raises the level. These are maximums; a court may generally stay a sentence and order probation.
Can several thefts from an employer be combined in Minnesota?
For prosecutions under 609.52 subd. 2(a) clauses (1), (2), (3), (4), (13) and (19), the value received within any six-month period may be aggregated and the defendant charged accordingly. Offenses in several counties may be prosecuted in any one of them.
What is embezzlement of public funds in Minnesota?
Section 609.54 punishes an act that is embezzlement under Minnesota Constitution article XI, section 13, which covers converting, loaning or improperly depositing state or school funds. The maximum is 5 years and $10,000 at $2,500 or less and 10 years and $20,000 above $2,500.
Is taking money from a vulnerable adult a separate crime in Minnesota?
Section 609.2335 makes financial exploitation a separate crime, including using or taking a vulnerable adult's resources for someone else's benefit in breach of a fiduciary obligation; it is sentenced on the theft ladder. Minnesota's vulnerable-adult definition turns on facility care, licensed services or an impairment, not age alone.
Is forgery a felony in Minnesota?
Most forgery offenses are felony-length. Aggravated forgery under 609.625 carries up to 10 years, general forgery under 609.63 up to 3 years, and check forgery under 609.631 is graded by amount, from up to 364 days at $250 or less (up to 5 years with a listed prior conviction within five years that drew a felony or gross misdemeanor sentence, or a qualifying stayed sentence) to the higher felony tiers.
What is uttering a forged instrument in Minnesota?
Under 609.625 subd. 3, uttering or possessing with intent to utter a forged legal-rights writing or other listed object, knowing it is forged and with intent to defraud, is punished like aggravated forgery. For checks, offering or possessing with intent to offer a forged check is a separate crime under 609.631 subd. 3.
How long does Minnesota have to charge embezzlement?
Under 628.26, most crimes, including theft by retention, must be charged within three years after commission. A five-year period applies to listed fraud-type theft, financial exploitation and check forgery over $35,000, and a 2026 act sets seven years for theft by swindling under 609.52 subd. 2(a)(4) and some related offenses.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.52THEFTIn forcecited in 3 of our articles
Subdivision 1. Definitions. In this section: (1) "Property" means all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any trade secret represented by the article. (2) "Movable property" is property whose physical location can be changed, including without limitation things growing on, affixed to, or found in land.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 377 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Thonesavanh (Supreme Court of Minnesota 2017, 904 N.W.2d 432)“…d with, among other things, theft of a motor vehicle under Minn. Stat. § 609.52 , subd. 2(a)(17). The district court di…”
- State v. Pratt (Supreme Court of Minnesota 2012, 813 N.W.2d 868)“…y complaint with 17 counts of theft by swindle, pursuant to Minn.Stat. § 609.52, subd. 2(4) (2010), and two counts of r…”
- State v. Cox (Supreme Court of Minnesota 2011, 798 N.W.2d 517)“…nces for harsher penalties than the theft-by-eheck statute, Minn. Stat § 609.52, subd. 2(3)(i) (2010), and appellant re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Identity Theft Laws: Federal Rules and State Penalties, Minnesota Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)
§ 609.54EMBEZZLEMENT OF PUBLIC FUNDSIn force
Whoever does an act which constitutes embezzlement under the provisions of Minnesota Constitution, article XI, section 13 may be sentenced as follows: (1) if the value of the funds so embezzled is $2,500, or less, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or (2) if such value is more than $2,500, to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.625AGGRAVATED FORGERYIn force
Subdivision 1. Making or altering writing or object. Whoever, with intent to defraud, falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another or by the maker or alterer under an assumed or fictitious name, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of aggravated forgery and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both: (1) a writing or object whereby, when genuine, legal rights, privileges, or obligations are created, terminated, transferred, or evidenced, or any writing normally relied upon as evidence of debt or property rights, other than a check as defined in section 609.631 or a financial transaction card as defined in section 609.821; or (2) an official seal or the seal of a corporation; or (3) a public record or an official authentication or certification of a copy thereof; or (4) an official return or certificate entitled to be received as evidence of its contents; or (5) a court order, judgment, decree, or process; or (6) the records or accounts of a public…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.631CHECK FORGERY; OFFERING FORGED CHECKIn force
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section. (b) "Check" means a check, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument. (c) "Property" and "services" have the meanings given in section 609.52. Subd. 2. Check forgery; elements. A person is guilty of check forgery and may be sentenced under subdivision 4 if the person, with intent to defraud, does any of the following: (1) falsely makes or alters a check so that it purports to have been made by another or by the maker under an assumed or fictitious name, or at another time, or with different provisions, or by the authority of one who did not give authority; or (2) falsely endorses or alters a check so that it purports to have been endorsed by another. Subd. 3. Offering forged check; elements. A person who, with intent to defraud, offers, or possesses with intent to offer, a forged check, whether or not it is accepted, is guilty of offering a forged check and may be sentenced as provided in subdivision 4. Subd. 4. Sentencing.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.635OBTAINING SIGNATURE BY FALSE PRETENSEIn force
Whoever, by false pretense, obtains the signature of another to a writing which is a subject of forgery under section 609.625, subdivision 1, may be punished as therein provided.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.2335FINANCIAL EXPLOITATION OF VULNERABLE ADULTIn forcecited in 2 of our articles
Subdivision 1. Crime. Whoever does any of the following acts commits the crime of financial exploitation: (1) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501 intentionally: (i) fails to use the real or personal property or other financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or supervision for the vulnerable adult; (ii) uses, manages, or takes either temporarily or permanently the real or personal property or other financial resources of the vulnerable adult, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult; or (iii) deprives either temporarily or permanently a vulnerable adult of the vulnerable adult's real or personal property or other financial resources, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult; or (2) in the absence of legal authority: (i) acquires possession or control of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Also relied on in: Minnesota Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
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Sources and References
- Minn. Stat. 609.52, theft(www.revisor.mn.gov).gov
- Minn. Stat. 609.54, embezzlement of public funds(www.revisor.mn.gov).gov
- Minn. Stat. 609.625, aggravated forgery(www.revisor.mn.gov).gov
- Minn. Stat. 609.631, check forgery; offering a forged check(www.revisor.mn.gov).gov
- 2026 Minn. Laws ch. 118, art. 5, s. 2 (Minn. Stat. 609.52 subd. 3a)(www.revisor.mn.gov).gov
- Minn. Stat. 609.02, definitions (crime classes)(www.revisor.mn.gov).gov
- Minn. Stat. 609.2335, financial exploitation of vulnerable adult(www.revisor.mn.gov).gov
- 2026 Minn. Laws ch. 88, art. 1, s. 220 (Minn. Stat. 609.232 subd. 11, vulnerable adult)(www.revisor.mn.gov).gov
- Minnesota Constitution, article XI, section 13(www.revisor.mn.gov).gov
- Minn. Stat. 609.43, misconduct of public officer or employee(www.revisor.mn.gov).gov
- Minn. Stat. 609.455, permitting false claims against government(www.revisor.mn.gov).gov
- Minn. Stat. 609.465, presenting false claims to public officer or body(www.revisor.mn.gov).gov
- Minn. Stat. 351.02, vacancies in office(www.revisor.mn.gov).gov
- Minn. Stat. 48.88, criminal penalty (bank officers and employees)(www.revisor.mn.gov).gov
- Minn. Stat. 609.611, insurance fraud(www.revisor.mn.gov).gov
- Minn. Stat. 609.1015, corporate offenders; penalty assessment(www.revisor.mn.gov).gov
- Minn. Stat. 609.635, obtaining signature by false pretense(www.revisor.mn.gov).gov
- Minn. Stat. 609.63, forgery(www.revisor.mn.gov).gov
- Minn. Stat. 609.64, recording, filing of forged instrument(www.revisor.mn.gov).gov
- Minn. Stat. 609.535, issuance of dishonored checks(www.revisor.mn.gov).gov
- Minn. Stat. 609.528, possession or sale of stolen or counterfeit check(www.revisor.mn.gov).gov
- Minn. Stat. 609.527, identity theft(www.revisor.mn.gov).gov
- Minn. Stat. 609.632, counterfeiting of currency(www.revisor.mn.gov).gov
- Minn. Stat. 609.645, fraudulent statements(www.revisor.mn.gov).gov
- Minn. Stat. 609.65, false certification by notary public(www.revisor.mn.gov).gov
- Minn. Stat. 609.62, defeating security on personalty(www.revisor.mn.gov).gov
- Minn. Stat. 628.26, limitations(www.revisor.mn.gov).gov
- 2026 Minn. Laws ch. 97, art. 3, s. 4 (Minn. Stat. 628.26)(www.revisor.mn.gov).gov
- 2026 Minn. Laws ch. 127, art. 7(www.revisor.mn.gov).gov
- Minn. Stat. 609.445, failure to pay over state funds(revisor.mn.gov).gov
- Minn. Stat. 609.45, public officer; unauthorized compensation(revisor.mn.gov).gov
- Minn. Stat. 609.03, punishment when not otherwise fixed(revisor.mn.gov).gov
- Minn. Stat. 609.0341, increased maximum penalties for misdemeanors and gross misdemeanors(revisor.mn.gov).gov
- Minn. Stat. 609.135, stay of imposition or execution of sentence(revisor.mn.gov).gov
- Minn. Stat. 609.1095, increased sentences for certain dangerous and repeat felony offenders(revisor.mn.gov).gov
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