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SF638 (Legislative Session 94 (2025-2026))

Being in a stolen motor vehicle prohibition

Related bill: HF326

AI Generated Summary

Purpose

  • To create a new offense called illegal presence in a stolen motor vehicle. The bill targets people who enter or remain in a motor vehicle that they know or have reason to know was taken or stolen, by adding a new subdivision to the existing law.

Main Provisions

  • Creates Subd 2a to Minnesota Statutes 2024 section 609.52, titled "Illegal presence in a stolen motor vehicle."
  • Paragraph a: A person who enters into or is found in a motor vehicle that the person knows or has reason to know was taken or stolen (in violation of subdivision 2) is guilty of a misdemeanor.
  • Paragraph b: If a person violates paragraph a after being previously convicted or adjudicated delinquent for violating paragraph a, that person is guilty of a gross misdemeanor.
  • The offense relies on the person’s knowledge or awareness that the vehicle was taken or stolen and ties to the existing rule in subdivision 2 (the current provision about being in a motor vehicle).

Penalties

  • First offense (misdemeanor): carries the standard misdemeanor penalties.
  • Repeat offense (gross misdemeanor): applies when the person was previously convicted or adjudicated delinquent for violating paragraph a.

Significant Changes to Existing Law

  • Adds a new subdivision (2a) to the section 609.52 to explicitly punish illegal presence in a stolen motor vehicle.
  • Expands Minnesota’s criminal penalties related to being in or entering a stolen vehicle, and strengthens consequences for repeat offenders.

Practical Implications

  • Individuals found in or entering a stolen car, while knowing or having reason to know it was stolen, could be charged with a misdemeanor.
  • If someone has prior convictions for this act, subsequent offenses could be charged as gross misdemeanors, increasing potential penalties.

How It Relates to Existing Law

  • Builds on the existing statute (subdivision 2) that governs entering or being in a motor vehicle, by adding a separate offense that applies specifically when the vehicle is stolen and the person knows or should know it is stolen.

Relevant Terms

  • illegal presence in a stolen motor vehicle
  • motor vehicle
  • taken or stolen
  • knows or has reason to know
  • violation of subdivision 2
  • Minnesota Statutes 2024 section 609.52
  • Subd 2a
  • misdemeanor
  • gross misdemeanor
  • previously convicted
  • adjudicated delinquent
  • violating paragraph a
  • entering into a motor vehicle
  • found in a motor vehicle

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 27, 2025SenateActionIntroduction and first reading
January 27, 2025SenateActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds new Subd. 2a to Minnesota Statutes, section 609.52, defining 'Illegal presence in a stolen motor vehicle.'",
        "Establishes misdemeanor penalties for violation (and gross misdemeanor for a subsequent offense)."
      ],
      "removed": [],
      "summary": "Adds illegal presence in a stolen motor vehicle as Subd. 2a to Minnesota Statutes section 609.52, creating criminal penalties for entering or being in a stolen vehicle.",
      "modified": [
        "Amends Minnesota Statutes 2024 section 609.52 by adding Subd. 2a."
      ]
    },
    "citation": "609.52",
    "subdivision": "subd. 2a"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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