HF3465

Purpose

• Establish enhanced penalties for theft from a vulnerable adult.
• Add penalties when the theft creates a reasonably foreseeable risk of bodily harm, and when the offender knows or should know the victim is a vulnerable adult.

Main Provisions

• The bill amends Minnesota Statutes 2024 section 609.52, subdivision 3a, to add enhanced penalties for theft from a vulnerable adult.
• Enhanced penalties for risk of harm (a):
  • If the underlying penalty would be a misdemeanor or gross misdemeanor, the offender is guilty of a felony and can be imprisoned up to 3 years and/or fined up to $5,000 (or both).
  • If the underlying penalty would be a felony, the maximum sentence is increased by 50% over the underlying crime.
• Enhanced penalties when the victim is a vulnerable adult and the offender knew or should have known (b):
  • If the underlying penalty would be a misdemeanor, the offense becomes a gross misdemeanor.
  • If the underlying penalty would be a gross misdemeanor, the offense becomes a felony (imprisonment up to 2 years and/or fine up to $5,000 or both).
  • If the underlying penalty would be a felony, the maximum sentence is increased by 25% over the underlying crime.

Significant Changes to Existing Law

• Adds tiered penalty enhancements to theft from a vulnerable adult, expanding penalties in two scenarios:
  • Risk of bodily harm to another person.
  • Knowledge that the victim is a vulnerable adult.
• Introduces automatic elevation of offense level (e.g., misdemeanor to gross misdemeanor; gross misdemeanor to felony) in specific cases.
• Increases potential imprisonment and fines beyond current penalties for underlying theft crimes when these enhanced conditions apply.

Definitions and References (key context)

• “Vulnerable adult” as defined in Minnesota Statutes section 609.232, subdivision 11.
• “Underlying crime” refers to the original theft offense punished under section 609.52, subdivision 3.

Practical effect

• The bill makes theft from a vulnerable adult more serious in certain situations, especially when harm risk is present or the victim’s vulnerable status is known, by raising the level of charges and increasing possible prison time and fines.

Relevant Terms - theft from a vulnerable adult - enhanced penalties - reasonably foreseeable risk of bodily harm - vulnerable adult - underlying crime - misdemeanor - gross misdemeanor - felony - imprisonment - fine - Minnesota Statutes 2024 section 609.52 subdivision 3a - Minnesota Statutes 2024 section 609.232 subdivision 11