Identity Theft Expanded

Identity Theft Expanded

Effective August 1, 2010, and applies to crimes committed on or after that date.

Includes use of scanning device and reencoder to acquire information from payment cards as identity theft.

Please remember that the interpretation and analysis presented here is not intended to be legal advice.  If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.

Thank you,
Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
Contact Me LinkedinFacebookBlog RSSTwitterGoogleGoogleGoogle
P.S. Have an attorney in your phone? Add us now 612-217-0077 - While we hope you never need us, we're here if you do.

CHAPTER 293--S.F.No. 2493
An actrelating to crime; including use of scanning device and reencoder to
acquire information from payment cards as identity theft;amending Minnesota
Statutes 2008, section 609.527, subdivisions 1, 6, by adding a subdivision;
Minnesota Statutes 2009 Supplement, section 388.23, subdivision 1.

Section 1. Minnesota Statutes 2009 Supplement, section 388.23, subdivision 1, is
amended to read:
Subdivision 1. Authority. The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production of any records of telephone companies, cellular phone companies,
paging companies, subscribers of private computer networks including Internet service
providers or computer bulletin board systems, electric companies, gas companies, water
utilities, chemical suppliers, hotels and motels, pawn shops, airlines, buses, taxis, and
other entities engaged in the business of transporting people, and freight companies,
warehousing companies, self-service storage facilities, package delivery companies, and
other entities engaged in the businesses of transport, storage, or delivery, and records of the
existence of safe deposit box account numbers and customer savings and checking account
numbers maintained by financial institutions and safe deposit companies, insurance
records relating to the monetary payment or settlement of claims, the banking, credit
card, and financial records of a subject of an identity theft investigation or a vulnerable
adult, whether held in the name of the vulnerable adult or a third party, including but not
limited to safe deposit, loan and account applications and agreements, signature cards,
statements, checks, transfers, account authorizations, safe deposit access records and
documentation of fraud, and wage and employment records of an applicant or recipient of
public assistance who is the subject of a welfare fraud investigation relating to eligibility
information for public assistance programs. Subpoenas may only be issued for records
that are relevant to an ongoing legitimate law enforcement investigation. Administrative
subpoenas may only be issued in welfare fraud and identity theft cases if there is probable
cause to believe a crime has been committed. This provision applies only to the records of
business entities and does not extend to private individuals or their dwellings.

Sec. 2. Minnesota Statutes 2008, section 609.527, subdivision 1, is amended to read:
Subdivision 1. Definitions. (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) , whose identity has been transferred, used, or possessed in violation of
this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, Web
site address, e-mail address, postal address, telephone number, or any other identifying
information of a for-profit or not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.
(d) "Identity" means any name, number, or data transmission that may be used, alone
or in conjunction with any other information, to identify a specific individual or entity,
including any of the following:
(1) a name, Social Security number, date of birth, official government-issued driver's
license or identification number, government passport number, or employer or taxpayer
identification number;
(2) unique electronic identification number, address, account number, or routing
code; or
(3) telecommunication identification information or access device.
(e) "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b) , other than a direct victim.
(f) "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
(g) "Unlawful activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar
law of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.
(h) "Scanning device" means a scanner, reader, or any other electronic device that
is used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on a computer chip or magnetic strip or stripe of a payment card,
driver's license, or state-issued identification card.
(i) "Reencoder" means an electronic device that places encoded information from
the computer chip or magnetic strip or stripe of a payment card, driver's license, or
state-issued identification card, onto the computer chip or magnetic strip or stripe of
a different payment card, driver's license, or state-issued identification card, or any
electronic medium that allows an authorized transaction to occur.
(j) "Payment card" means a credit card, charge card, debit card, or any other card that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.

Sec. 3. Minnesota Statutes 2008, section 609.527, is amended by adding a subdivision
to read:
Subd. 5b. Unlawful possession or use of scanning device or reencoder. (a) A
person who uses a scanning device or reencoder without permission of the cardholder of
the card from which the information is being scanned or reencoded, with the intent to
commit, aid, or abet any unlawful activity, is guilty of a crime.
(b) A person who possesses, with the intent to commit, aid, or abet any unlawful
activity, any device, apparatus, equipment, software, material, good, property, or supply
that is designed or adapted for use as a scanning device or a reencoder is guilty of a crime.
(c) Whoever commits an offense under paragraph (a) or (b) 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.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.

Sec. 4. Minnesota Statutes 2008, section 609.527, subdivision 6, is amended to read:
Subd. 6. Venue. Notwithstanding anything to the contrary in section 627.01, an
offense committed under subdivision 2 or, 5a, or 5b may be prosecuted in:
(1) the county where the offense occurred;
(2) the county of residence or place of business of the direct victim or indirect
victim; or
(3) in the case of a violation of subdivision 5a or 5b, the county of residence of the
person whose identity was obtained or sought.
Presented to the governor May 6, 2010
Signed by the governor May 10, 2010, 2:07 p.m.

26 comments (Add your own)

1. wrote:
I've been browsing online more than 4 hours today, yet I
never found any interesting article like yours.
It's pretty worth enough for me. Personally, if all web
owners and bloggers made good content as you did, the net will
be a lot more useful than ever before.

Sun, May 12, 2019 @ 11:52 AM

2. wrote:
Whats up very cool website!! Guy .. Excellent ..
Wonderful .. I will bookmark your website and take the feeds additionally?
I'm satisfied to search out so many useful information here within the
post, we need develop extra strategies on this regard, thanks for sharing.
. . . . .

Mon, May 13, 2019 @ 10:28 AM

3. wrote:
I really love your site.. Very nice colors & theme. Did you create this site yourself?
Please reply back as I'm looking to create my own personal blog and
would like to know where you got this from or just what the
theme is named. Thank you!

Thu, May 16, 2019 @ 3:22 AM

4. wrote:
Now I am going to do my breakfast, once having my breakfast coming yet again to read further news.

Sat, June 1, 2019 @ 11:04 AM

5. wrote:
Oh my goodness! Amazing article dude! Thank you, However I am experiencing issues with your RSS.
I don't understand the reason why I can't join it.

Is there anybody else having the same RSS issues?
Anybody who knows the solution will you kindly respond?


Mon, June 10, 2019 @ 10:29 AM

6. wrote:
Hello there, You have done an incredible job.
I will certainly digg it and personally suggest to my friends.
I am confident they will be benefited from this site.

Mon, July 15, 2019 @ 10:01 AM

7. wrote:
May I simply just say what a relief to find someone that genuinely knows
what they are talking about over the internet. You certainly understand how to
bring a problem to light and make it important. A lot more people must
check this out and understand this side of the story.
I can't believe you are not more popular because you most certainly possess
the gift.

Thu, July 18, 2019 @ 9:07 AM

8. wrote:
First of all I would like to say excellent blog!

I had a quick question in which I'd like to ask if you don't mind.
I was interested to find out how you center yourself and
clear your head prior to writing. I've had difficulty clearing my mind in getting my ideas out there.

I truly do enjoy writing however it just seems like the
first 10 to 15 minutes are usually lost simply just trying to figure out
how to begin. Any ideas or hints? Thank you!

Fri, July 19, 2019 @ 6:58 PM

9. wrote:
Hurrah, that's what I was looking for, what a data! present here at this webpage, thanks admin of this web site.

Tue, July 23, 2019 @ 11:45 PM

10. wrote:
Hi, just wanted to mention, I loved this blog post.
It was funny. Keep on posting! natalielise plenty of fish

Thu, July 25, 2019 @ 5:11 PM

11. wrote:
Howdy just wanted to give you a quick heads up.
The text in your post seem to be running off the screen in Chrome.
I'm not sure if this is a format issue or something to do with internet browser compatibility but
I thought I'd post to let you know. The design and style
look great though! Hope you get the issue solved soon. Thanks

Tue, July 30, 2019 @ 3:15 PM

12. wrote:
This is the right blog for everyone who really wants to find out about
this topic. You know so much its almost
hard to argue with you (not that I really would want to…HaHa).
You definitely put a new spin on a subject which has been written about
for years. Wonderful stuff, just great!

Tue, August 13, 2019 @ 4:20 PM

13. wrote:
Quality articles or reviews is the important to attract the users to pay a visit the website, that's what this website is providing.

Mon, August 19, 2019 @ 2:43 PM

14. wrote:
I blog frequently and I seriously thank you for your information. This article has truly peaked my interest.
I will bookmark your website and keep checking for new details about once per week.
I subscribed to your Feed too.

Sat, August 24, 2019 @ 2:13 AM

15. wrote:
Hi there, all the time i used to check blog posts here in the early hours in the dawn, for the reason that i like to gain knowledge of more and more.

Tue, September 3, 2019 @ 6:51 PM

16. wrote:
Normally I don't learn post on blogs, but I
would like to say that this write-up very compelled me to
try and do it! Your writing taste has been amazed me.
Thank you, quite great article.

Fri, October 11, 2019 @ 4:15 AM

17. wrote:
I like the helpful info you provide for your articles.
I will bookmark your blog and check once more here frequently.

I'm moderately sure I will be informed many new stuff right right here!
Best of luck for the next!

Thu, November 14, 2019 @ 5:18 PM

18. wrote:
You need to take part in a contest for one of the best websites on the net.

I am going to highly recommend this web site!

Sat, November 23, 2019 @ 4:18 AM

19. wrote:
If you desire to obtain a good deal from this article then you have to apply such strategies to
your won weblog.

Mon, December 2, 2019 @ 4:27 AM

20. wrote:
Thanks for your marvelous posting! I really enjoyed reading it, you are
a great author.I will always bookmark your blog and definitely will come back from
now on. I want to encourage you to definitely continue your great writing, have a nice morning!

Thu, December 5, 2019 @ 9:43 PM

21. wrote:
Very good article. I will be dealing with many of these
issues as well..

Fri, December 6, 2019 @ 5:53 AM

22. wrote:
Link exchange is nothing else but it is simply placing the other person's weblog link on your page at proper place and other
person will also do similar in support of you.

Fri, December 6, 2019 @ 8:18 PM

23. wrote:
Everyone loves what you guys tend to be up too. This
sort of clever work and reporting! Keep up the terrific works guys I've included you guys to my blogroll.

Thu, December 19, 2019 @ 2:26 AM

24. wrote:
Normally I don't read post on blogs, but I would like to say that this write-up very compelled me
to try and do so! Your writing taste has been amazed me.
Thanks, very great article.

Sun, December 29, 2019 @ 6:24 PM

25. wrote:
This text is worth everyone's attention. Where can I find
out more?

Tue, January 7, 2020 @ 11:07 AM

26. wrote:
Woah! I'm really enjoying the template/theme of this
website. It's simple, yet effective. A lot of
times it's very hard to get that "perfect balance" between user
friendliness and visual appearance. I must say
you have done a very good job with this. Additionally, the blog
loads extremely quick for me on Chrome. Outstanding Blog!

Mon, January 13, 2020 @ 11:05 PM

Add a New Comment


Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.