SF5039

Purpose

• Strengthen public safety by increasing penalties related to motor vehicle crimes and by creating a specific offense for riding in a vehicle when the rider reasonably should know the vehicle was taken without permission.

Main provisions

• Amends Minnesota Statutes 2024 section 609.546 (Motor Vehicle Tampering).
• New/updated offenses:
  • Motor vehicle tampering: A person is guilty of a gross misdemeanor if they intentionally tamper with, enter into, or onto a motor vehicle without the owner’s permission.
  • Riding in a motor vehicle: A person is guilty of a gross misdemeanor if they intentionally ride in or on a motor vehicle knowing, or reasonably should know, that the vehicle was taken and is being driven by another without the owner’s permission.
• The standard for the riding offense includes both actual knowledge and a reasonable belief that the vehicle was taken.

Significant changes to existing law

• Elevates penalties to gross misdemeanor for the specified motor vehicle tampering and riding offenses.
• Clarifies the mens rea (mental state) for the riding-in-a-vehicle offense to include knowledge or a reasonable-to-know belief that the vehicle was taken.
• Explicitly ties the offenses to taking without the owner’s permission and to using or manipulating a vehicle without permission.

Potential impact and considerations

• May increase penalties for individuals who ride in or interact with a stolen vehicle or who tamper with a vehicle, potentially affecting arrests, charging decisions, and sentencing for related cases.
• Gives law enforcement a clearly defined offense for riding in a stolen vehicle, in addition to tampering with or entering a vehicle.

Relevant terms

• motor vehicle tampering
• riding in or on a motor vehicle
• taken without permission
• owner’s permission
• knowingly / reasonably should know
• gross misdemeanor
• Minnesota Statutes 2024 section 609.546
• tampering with / enters into or on a motor vehicle
• stolen vehicle / vehicle theft