Minnesota Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Minnesota, theft becomes a felony when the value of the property or services stolen "is more than $1,000," the start of the 5-year felony tier in Minn. Stat. 609.52, subd. 3(3)(a). Theft of $500 or less is a misdemeanor and theft of more than $500 up to $1,000 is a gross misdemeanor, but a qualifying prior conviction or certain kinds of property (a firearm, a motor vehicle, property taken from a person) make a theft a felony at lower values. Shoplifting has no separate statute; it is charged as theft. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Minnesota's theft statute (Minn. Stat. 609.52), organized retail theft (609.522), related theft offenses in Chapter 609, the crime classes in 609.02, the merchant detention statute (629.366) and the civil theft remedy (604.14), including amendments made by 2026 Minnesota Session Laws chapters 74, 118 and 127. It does not cover federal theft offenses, local ordinances, robbery, burglary (apart from the store-ban rule noted in the shoplifting section), or identity theft and fraud schemes, which have their own pages linked below.

How Minnesota defines theft

Minnesota folds many forms of taking into one statute. Under Minn. Stat. 609.52, subd. 2(a), "Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3," and the list that follows includes a person who:

• "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" (clause (1));
• obtains property or services by "intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made" (clause (3)), or "by swindling, whether by artifice, trick, device, or any other means" (clause (4));
• finds lost property and, knowing or having reasonable means of finding the owner, keeps it without first making a reasonable effort to return it (clause (6));
• keeps or conceals leased or rented property, or fails to return it or pay for it, with intent to wrongfully deprive the lessor (clause (9));
• "obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment" (clause (13));
• "takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent" (clause (17));
• drives off from a retailer without paying for motor fuel dispensed into the vehicle (clause (18)); or
• commits wage theft, as defined in subdivision 1 (clause (19)).

Minnesota does not use "petty theft" or "grand theft." The grade turns on the value tier and three crime classes defined in Minn. Stat. 609.02: a "Misdemeanor" is a crime punishable by "not more than 90 days or a fine of not more than $1,000, or both"; a "Gross misdemeanor" is "any crime which is not a felony or misdemeanor," with a maximum fine of $3,000; and a "Felony" is "a crime for which a sentence of imprisonment for one year or more may be imposed."

How value is measured

For the theft section, "Value" means "the retail market value at the time of the theft, or if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft" (609.52, subd. 1(3)). The same definition gives special rules for checks (the amount promised), restored rental property (the rental value plus damage, capped at retail value) and wage theft (the difference between wages required and wages actually paid).

What is the felony theft threshold in Minnesota?

Under Minn. Stat. 609.52, subd. 3(3)(a), theft is punishable by "imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both" when "the value of the property or services stolen is more than $1,000 but not more than $5,000." Because the statute says "more than," theft of exactly $1,000 is a gross misdemeanor.

Minnesota theft grading table

The penalty ranges are written into 609.52, subd. 3 itself, and the class names come from 609.02. These are the limits the Legislature set, not a prediction of the sentence in any case.

Thefts that are felonies regardless of value

Under 609.52, subd. 3(3)(d), theft of property worth "not more than $1,000" still carries up to 5 years and $10,000 if:

• "the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse";
• "the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office";
• "the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle";
• "the property consists of public funds belonging to the state or to any political subdivision or agency thereof"; or
• "the property stolen is a motor vehicle."

A firearm sits in the top tier at any value: up to 20 years and $100,000 "if the property is a firearm" (subd. 3(1)).

Prior convictions

Under subd. 3(3)(c), a theft of "more than $500 but not more than $1,000" becomes a 5-year felony if "the person has been convicted within the preceding five years for an offense under this section," or under a list of related sections that includes robbery, organized retail theft, receiving stolen property, burglary and check forgery, "and the person 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." Both conditions must be met: the conviction within five years and a felony or gross misdemeanor sentence for it.

Adding thefts together

Under subd. 3(5), "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." When the offenses span 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."

Enhanced penalties: risk of harm and vulnerable adults

Subdivision 3a raises the grade in two situations:

• Risk of bodily harm. "If a violation of this section creates a reasonably foreseeable risk of bodily harm to another," a misdemeanor or gross misdemeanor becomes a felony punishable by up to three years and $5,000, and for a felony "the statutory maximum sentence for the offense is 50 percent longer than for the underlying crime."
• Vulnerable adult victims. 2026 Minnesota Session Laws chapter 118, article 5, section 2 added a paragraph for a person who commits theft "knowing or having reason to know that the victim of the offense is a vulnerable adult as defined in section 609.232, subdivision 11." A misdemeanor becomes a gross misdemeanor, a gross misdemeanor becomes a felony punishable by up to two years and $5,000, and a felony's statutory maximum becomes "25 percent longer than for the underlying crime." That section "is effective August 1, 2026, and applies to crimes committed on or after that date."

Is shoplifting a felony in Minnesota?

Shoplifting is theft under Minn. Stat. 609.52, subd. 2(a)(1), so it follows the general value tiers: a misdemeanor at $500 or less, a gross misdemeanor from more than $500 to $1,000, and a felony above $1,000 (or above $500 with a qualifying prior conviction). The "Theft and Related Crimes" sections of Chapter 609 contain no offense named shoplifting; the related offenses are possession of shoplifting gear and organized retail theft. The theft section sets no separate grade for a first offense.

The burglary statute reaches one store-theft situation: a person who enters "a building that is open to the public" and steals there, or enters with intent to steal, commits fourth-degree burglary, up to 364 days and $3,000, "if the person enters the building within one year after being told to leave the building and not return" (Minn. Stat. 609.582, subd. 4(b)). It is third-degree burglary, up to 5 years and $10,000, if the person also "has been convicted within the preceding five years" of a listed offense, including theft under 609.52, and received a felony sentence or a stayed sentence for an offense that would allow one (609.582, subd. 3(b)).

Possession of shoplifting gear

Under Minn. Stat. 609.521(b), "Whoever has in possession any device, gear, or instrument designed to assist in shoplifting or defeating an electronic article surveillance system with intent to use the same to shoplift and thereby commit theft 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."

Organized retail theft

Minn. Stat. 609.522 is a separate crime. Under subdivision 2, a person is guilty if (1) the person "is employed by or associated with a retail theft enterprise" (a group of two or more people "with a shared goal involving the unauthorized removal of retail merchandise from a retailer"); (2) the person "has previously engaged in a pattern of retail theft" (acts on at least two separate occasions in the preceding six months) and commits or directs a theft or receiving offense involving retail merchandise; and (3) the person or another member resells or intends to resell the merchandise, advertises or displays it for sale, or returns it to a retailer for anything of value. For crimes on or after August 1, 2026, 2026 Minnesota Session Laws chapter 74 added a fourth outcome: a member "tampers with the stolen retail merchandise or its packaging for the purpose of obtaining anything of value from the retailer or any retail customer." The same act added gift cards to the definition of retail merchandise.

Values received "within any six-month period may be aggregated" (subd. 4), and a violation that "creates a reasonably foreseeable risk of bodily harm to another" turns a gross misdemeanor into a felony of up to three years and $5,000 or lengthens a felony maximum by 50 percent (subd. 5).

Store detention

Under Minn. Stat. 629.366, subd. 1, a merchant or employee may detain a person if they have "reasonable cause to believe" the person "has taken, or is taking, an article of value without paying for it, from the possession of the merchant in the merchant's place of business or from a vehicle or premises under the merchant's control." The detention may be used to require or verify identification, to ask whether the person has unpurchased merchandise and receive it, to inform a peace officer, or to institute criminal proceedings. The limits:

• "The person detained shall be informed promptly of the purpose of the detention and may not be subjected to unnecessary or unreasonable force, nor to interrogation against the person's will."
• "A merchant or merchant's employee may not detain a person for more than one hour unless" waiting to surrender the person to a peace officer, or, for a minor, to a peace officer or the minor's parent, guardian or custodian.
• "If at any time the person detained requests that a peace officer be summoned, the merchant or merchant's employee must notify a peace officer immediately."

No merchant, employee or peace officer "is criminally or civilly liable for any action authorized under subdivision 1 or 2 if the arresting person's action is based upon reasonable cause" (629.366, subd. 3).

Can a store demand money after shoplifting in Minnesota?

Minn. Stat. 604.14 creates civil liability for theft. Under subdivision 1, "A person who steals personal property from another is civilly liable to the owner of the property for its value when stolen plus punitive damages of either $50 or up to 100 percent of its value when stolen, whichever is greater. If the property is merchandise stolen from a retail store, its value is the retail price of the merchandise in the store when the theft occurred."

Other parts of the section:

• Demand letters. "A person may make a written demand for payment for the liability imposed by this section before beginning an action, including a copy of this section and a description of the liability contained in this section" (subd. 6).
• No criminal case needed. "The filing of a criminal complaint, conviction, or guilty plea is not a prerequisite to liability under this section. Payment or nonpayment may not be used as evidence in a criminal action" (subd. 4).
• Returned property. Recovering the property "does not affect liability under this section, other than liability for the value of the property" (subd. 5).
• Parents. "Section 540.18 applies to this section, except that recovery is not limited to special damages" (subd. 3).
• Shopping carts. A store can recover for a stolen shopping cart only if it "posted at the time of the theft a conspicuous notice describing the liability" (subd. 2).

The statute sets what a store can recover. Whether a particular demand letter matches it is a question for a lawyer licensed in Minnesota.

Recent changes to Minnesota theft law

Three 2026 session laws amended the theft sections:

• Chapter 74 (signed May 7, 2026). Added gift cards to "retail merchandise" in the organized retail theft statute, with a gift card valued at "the greatest amount of economic loss the owner of the property might reasonably suffer," and, effective August 1, 2026 for crimes on or after that date, added tampering with stolen merchandise or packaging as a qualifying act.
• Chapter 118, article 5, section 2 (signed May 26, 2026). Added the vulnerable-adult enhancement to 609.52, subd. 3a, effective August 1, 2026 for crimes on or after that date.
• Chapter 127, article 7, section 4 (signed May 26, 2026). Removed false medical assistance claims from the theft-by-false-representation clause of 609.52, subd. 2, effective August 1, 2026 for crimes on or after that date; the same act created a separate medical assistance fraud section, 609.467.

Organized retail theft itself dates from 2023 Minnesota Session Laws chapter 52, which created 609.522, and was amended in 2024.

Other theft offenses with their own grades

Chapter 609 includes these theft-related offenses graded apart from the 609.52 tiers:

Related legal issues

Theft by false representation and swindling are part of 609.52, but broader fraud schemes and how to report them are covered in our guide to Minnesota scam and fraud laws. Misusing another person's identifying information is a separate offense, covered in Minnesota identity theft laws. For sealing a theft record, see Minnesota expungement laws, and for filing deadlines see the Minnesota statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Minnesota scam and fraud laws
• Minnesota identity theft laws
• Minnesota expungement laws
• Minnesota statute of limitations

This article provides general legal information about Minnesota theft and shoplifting statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Minnesota.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in Minnesota?

Theft is a felony when the value of the property or services is more than $1,000; from there up to $5,000 the maximum is 5 years and a $10,000 fine (Minn. Stat. 609.52, subd. 3(3)(a)). Some property, such as a firearm or a motor vehicle, is a felony at any value.

Is stealing $1,000 a felony in Minnesota?

No, not by value alone. Theft of more than $500 but not more than $1,000 is a gross misdemeanor, up to 364 days and $3,000 (Minn. Stat. 609.52, subd. 3(4)), unless a qualifying prior conviction or a listed type of property makes it a felony.

What is petty theft in Minnesota?

Minnesota does not use the term. Theft of $500 or less is a misdemeanor punishable by up to 90 days, a $1,000 fine, or both (Minn. Stat. 609.52, subd. 3(5)).

Is shoplifting a felony in Minnesota?

Shoplifting is charged as theft under Minn. Stat. 609.52, so it is a felony when the merchandise is worth more than $1,000, or more than $500 with a qualifying prior conviction in the preceding five years. Separately, stealing in a store within one year after being told to leave and not return is burglary under Minn. Stat. 609.582: fourth degree (up to 364 days), or third degree (up to 5 years) with a listed prior conviction in the preceding five years that drew a felony or stayed felony sentence.

Is stealing a car a felony in Minnesota?

Yes. Theft of a motor vehicle worth $1,000 or less is still punishable by up to 5 years and $10,000 (Minn. Stat. 609.52, subd. 3(3)(d)(v)), and higher value tiers apply above that.

How long can a store detain a suspected shoplifter in Minnesota?

No more than one hour, unless the merchant is waiting to hand the person to a peace officer or, for a minor, to an officer or parent; the person must be told the purpose and may not be interrogated against their will (Minn. Stat. 629.366, subd. 1).

Can a store make me pay for shoplifting in Minnesota?

Minn. Stat. 604.14 makes a person who steals liable for the item's value plus punitive damages of $50 or up to 100 percent of the value, whichever is greater, and lets the store send a written demand first. No criminal complaint or conviction is required. A lawyer licensed in Minnesota can advise on a specific demand.

What is organized retail theft in Minnesota?

It requires a person tied to a retail theft enterprise with a prior pattern of retail theft who steals retail merchandise that is then resold, advertised, returned for value or, since August 1, 2026, tampered with (Minn. Stat. 609.522). Penalties run from 364 days up to 15 years by value.