Minnesota Identity Theft Laws: Penalties and Victim Rights

This page covers identity theft law in Minnesota under Minn. Stat. Section 609.527, plus the state's minor credit-freeze statute and its criminal-restitution and police-report rights for victims. It does not cover federal identity theft law in depth; for that layer, see our identity theft laws hub and our guide to reporting identity theft.

Minnesota's Identity Theft Statute

Minn. Stat. Section 609.527, subdivision 2, defines the offense broadly: «A person who transfers, possesses, or uses an identity that is not the person's own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft.» The statute's definition of «identity» is equally broad, covering any name, number, or data, including Social Security numbers, driver's license numbers, account numbers, and telecommunication identifying information, usable alone or with other information to identify a specific individual or entity.

Rather than a single felony or misdemeanor classification, subdivision 3 sets six penalty tiers keyed to either the number of victims involved or the combined dollar loss, whichever produces the higher tier, with each tier borrowing its actual sentence range from a specific clause of Minnesota's general theft statute, Minn. Stat. Section 609.52, subdivision 3. A single victim with a loss of $250 or less is a misdemeanor, punishable by up to 90 days and a $1,000 fine. A single victim with a loss between $251 and $500 is a gross misdemeanor, up to 364 days and $3,000. Two to three victims, or a loss between $501 and $2,500, is a felony carrying up to 5 years and $10,000. Four to seven victims, or a loss over $2,500, is a felony carrying up to 10 years and $20,000. Eight or more victims, or a loss over $35,000, is a felony carrying up to 20 years and $100,000. An offense connected to child sexual abuse material receives the top felony tier regardless of victim count or dollar loss. The dollar and victim-count breakpoints in Section 609.527 are not identical to the ordinary theft statute's own breakpoints; the identity theft statute only borrows the resulting penalty clause, not the underlying thresholds themselves.

Two freestanding crimes in the same section sit outside that tier table entirely. Subdivision 5a covers electronic false pretense, meaning the use of a false pretense in an email, on a web page, or in another internet communication with intent to obtain the identity of another person. That describes the typical phishing email or fake login page; our guide to phishing, smishing and vishing covers how to spot one and what to do if you already clicked. Subdivision 5b covers scanning devices and reencoders, the hardware used to read or rewrite the data encoded on a payment card, driver's license, or state identification card, and it reaches both using one without the cardholder's permission to aid unlawful activity and possessing one with intent to commit unlawful activity. Each carries its own fixed maximum of five years in prison, a fine of not more than $10,000, or both, and neither is sentenced under the subdivision 3 tiers. A reader facing a subdivision 5a or 5b charge should not read the victim-count and dollar-loss breakpoints above as governing that charge.

Two further subdivisions bear directly on penalty exposure. Subdivision 6 sets venue: a charge under subdivision 2, 5a, or 5b may be brought in the county where the offense occurred or in the county where a direct or indirect victim resides or does business, and for subdivisions 5a and 5b also in the county where the person whose identity was obtained or sought resides. Subdivision 7 permits aggregation: the value of money, property, or services the defendant received, or the number of direct or indirect victims, within any six-month period may be added together. That matters because a series of small incidents can aggregate into a higher tier than any single incident would reach on its own.

Section 609.527 was amended by 2025 Minnesota Session Laws chapter 35, article 5, section 14, which touched subdivision 3, the penalty-tier subdivision. The current statutory text on revisor.mn.gov already reflects that 2025 amendment, though the exact before-and-after wording of the change was not independently confirmed during this page's research. revisor.mn.gov's live page for Section 609.527 also carries an active banner noting that subdivision 1, the definitions subdivision, has been further amended by 2026 Minnesota Session Laws chapter 97, article 3, section 3, a change not yet incorporated into the currently published 2025 Minnesota Statutes text. This page has not independently confirmed the substance or effective date of that 2026 amendment; treat it as an open question pending confirmation of the enacted text, and check revisor.mn.gov directly before relying on the definitions subdivision.

Restitution and Victim Rights

Restitution in Minnesota is a statutory floor, not a discretionary option and not a ceiling. Subdivision 4 requires a court to order a person convicted under subdivision 2 to pay restitution of not less than $1,000 to each direct victim of the offense, meaning a victim's recovery cannot be set below that amount even if actual documented losses were lower, though it can exceed $1,000 based on the facts.

Minnesota also gives identity theft victims a mandatory local police report right that does not depend on where the crime actually happened. Under subdivision 5, any person who reasonably suspects they are an identity theft victim may initiate an investigation with local law enforcement where they reside, and that agency must prepare a police report and give the complainant a copy. Only that much is mandatory. The statute then provides that the agency may begin an investigation of the facts, or, if the suspected crime was committed in a different jurisdiction, refer the matter to the law enforcement agency where it occurred. Both follow-through steps are permissive, so the report and a copy of it are the only things subdivision 5 guarantees a victim. Subdivision 4 also entitles a victim, on written request and without cost, to a certified copy of the criminal complaint, the judgment of conviction, and any order setting forth the facts and circumstances of the offense. Subdivision 4(a) additionally ties any direct or indirect identity theft victim into the rights available to victims generally under Minnesota's crime-victims chapter, Minn. Stat. chapter 611A.

No dedicated Minnesota civil cause of action specifically for identity theft victims, separate from the mandatory criminal restitution described above, was confirmed against the statute's text. A review of Section 609.527's full subdivision list found no civil-remedy clause, so whether a broader private lawsuit right exists elsewhere in Minnesota law remains an open question rather than a confirmed absence.

Minnesota's Minor Credit Freeze Law

Minnesota has its own protected-consumer security freeze statute, Minn. Stat. Section 13C.10, the Protected Persons Security Freeze. It covers individuals under age 16, notably narrower than the federal freeze right, which also extends to incapacitated adults with a guardian. A «representative,» established by a court order, valid power of attorney, or notarized written statement of authority, may request the freeze on the minor's behalf. A consumer reporting agency must place the freeze within 3 business days if a file already exists for the minor, or within 30 days if it must create a new record, and no fee may be charged for placement or removal.

This statute was enacted in 2018 and took effect January 1, 2019, essentially contemporaneous with the federal protected-consumer freeze provision under 15 U.S.C. Section 1681c-1(j), which took effect in September 2018. It has not been amended since original enactment. Because it covers only minors and not incapacitated adults, Minnesota residents in that second category rely on the federal freeze right instead. See our guide to credit freeze vs. fraud alert for how the freeze process works in practice.

Reporting to the Minnesota Attorney General

This page could not independently verify current contact details, complaint procedures, or hotline information for the Minnesota Attorney General's office. Every attempted fetch of ag.state.mn.us returned a connection error, and mn.gov/ag redirected to a bot-verification challenge page rather than real content. Rather than repeat unverified information, this page directs Minnesota residents to the free federal process at IdentityTheft.gov and to the local-police-report right described above, and recommends checking mn.gov directly for the Attorney General's current identity theft resources.

The Federal Layer

Regardless of state, identity theft is also a federal crime under 18 U.S.C. Section 1028. The Federal Trade Commission's free recovery site, IdentityTheft.gov, walks victims through reporting what happened and building a personal recovery plan. Federal law has also required free credit freezes and free fraud alerts at all three credit bureaus since 2018, and FCRA Section 605B lets a victim with an FTC Identity Theft Report get fraudulent information blocked from their credit report. See our identity theft laws hub for the complete federal picture.

Information last verified on 2026-08-13, drawn directly from Minn. Stat. Section 609.527 and Section 13C.10 on revisor.mn.gov. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert

---

Last updated: 2026-08-13.

Frequently Asked Questions

Is identity theft a felony in Minnesota?

It depends on the number of victims and the dollar loss involved. Minn. Stat. Section 609.527 sets six tiers ranging from a misdemeanor for a single victim with a loss of $250 or less, up to a felony carrying 20 years and a $100,000 fine for 8 or more victims or a loss over $35,000. Two crimes in the same section are not sentenced on that scale at all: electronic false pretense under subdivision 5a and unlawful use or possession of a scanning device or reencoder under subdivision 5b each carry up to five years and a $10,000 fine.

How much restitution can I get if my identity thief is convicted in Minnesota?

At least $1,000 per direct victim. Minnesota's restitution requirement under Section 609.527, subdivision 4, is a statutory floor, meaning the court cannot order less than $1,000, though the amount can be higher based on your actual documented losses.

Does Minnesota have a minor credit freeze law?

Yes. The Protected Persons Security Freeze, Minn. Stat. Section 13C.10, covers individuals under age 16. A representative can request the freeze in writing, and no fee can be charged for placement or removal. It does not cover incapacitated adults, who rely on the federal freeze right instead.

Do I have to file a police report where the identity theft actually happened?

No. Under Section 609.527, subdivision 5, you can initiate an investigation with local law enforcement where you live, regardless of where the crime occurred, and that agency must prepare a report and give you a copy.

Can I sue the person who stole my identity in Minnesota?

No dedicated Minnesota civil cause of action specifically for identity theft victims, separate from mandatory criminal restitution, was found in the statute's text. Discuss whether a broader private lawsuit right might apply to your situation with a Minnesota-licensed attorney.

Was Minnesota's identity theft law recently amended?

Yes. Minn. Stat. Section 609.527 was amended by 2025 Minnesota Session Laws chapter 35, article 5, section 14, affecting the penalty-tier subdivision, and the current statute text already reflects that amendment. revisor.mn.gov also flags a further 2026 amendment, chapter 97, article 3, section 3, to the definitions subdivision, not yet incorporated into the currently published statute text; check revisor.mn.gov directly for the latest wording before relying on the definition of 'identity.'