Identity Theft

Subdivision 1(d) of Minnesota Statute § 609.527 defines identity as “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.” The definition includes any of the following:

  • 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;
  • unique electronic identification number, address, account number, or routing code; or
  • telecommunication identification information or access device.

Technological advances have only made it easier for people’s identities to be stolen, and law enforcement agencies in Minnesota aggressively prosecute alleged offenders accused of identity theft crimes. People convicted of these offenses can be sentenced to lengthy prison sentences and ordered to pay very large fines.

Lawyer for Identity Theft Arrests in Apple Valley, MN

Do you think that you could be under investigation or were you already arrested for an alleged identity theft crime anywhere in the greater Minneapolis-St. Paul area? Do not make any kind of statement to authorities until you have first contacted James Blumberg Law.

James Blumberg is an experienced criminal defense attorney in Apple Valley who defends clients arrested for white collar crimes in communities all over Dakota County, Ramsey County, Hennepin County, and Anoka County.

Call (952) 431-7758 now to receive a free initial consultation that will allow our lawyer to review your case and answer all of your legal questions.

Minnesota Identity Theft Information Center

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Identity Theft Penalties in Dakota County

Under Subdivision 2 of Minnesota Statute § 609.527, any person who transfers, possesses, or uses an identity that is not the person’s own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft and can be punished as follows:

  • Up to 90 days in jail and a fine of up to $500 if the alleged offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less;
  • Up to one year in jail and a fine of up to $3,000 if the alleged offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500;
  • Up to five years in prison and a fine of up to $10,000 if the alleged offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500;
  • Up to 10 years in prison and a fine of up to $20,000 if the alleged offense involves more than three but not more than seven direct victims, or if the total combined loss to the direct and indirect victims is more than $2,500; and
  • Up to 20 years in prison and a fine of up to $100,000 if the alleged offense involves eight or more direct victims; or if the total, combined loss to the direct and indirect victims is more than $35,000; or if the offense is related to possession or distribution of pornographic work in violation of Minnesota Statute § 617.246 or 617.247.

The court will also order an individual who is convicted of a violation of Subdivision 2 of Minnesota Statute § 609.527 to pay restitution of at least $1,000 to each direct victim of the alleged offense.

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Apple Valley Penalties for Crimes Related to Identity Theft

Under Subdivision 5a(a) of Minnesota Statute § 609.527, an alleged offender commits the crime of electronic use of false pretense to obtain identity and can be sentenced to up to five years in prison and a fine of up to $10,000 if that person, with intent to obtain the identity of another, uses a false pretense in an e-mail to another person or in a Web page, electronic communication, advertisement, or any other communication on the Internet.

Subdivision 5a(c) of Minnesota Statute § 609.527 further establishes that none of the following is a defense against these charges:

  • the person committing the offense did not obtain the identity of another;
  • the person committing the offense did not use the identity; or
  • the offense did not result in financial loss or any other loss to any person.

An alleged offender also commits unlawful possession or use of scanning device or reencoder under Subdivision 5b of Minnesota Statute § 609.527 punishable by up to five years in prison and a fine of up to $10,000 if he or she 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, or 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.

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Identity Theft Resources in Minnesota

Identity Theft | Dakota County — On this section of the Dakota County website, you can learn more about identity theft. Find information about ways your identity can be stolen, what you should do if it happens, and reducing your risk of identity theft. You can also find a link to view the Dakota County Attorney’s Office Identity Theft brochure.

Dakota County Sheriff’s Office
1580 Highway 55
Hastings, MN 55033
(651) 438-4700

IdentityTheft.gov — IdentityTheft.gov identifies itself as “the federal government’s one-stop resource for identity theft victims.” Visit this website to report identity theft, get a recovery plan, and put that plan into action. You can also learn more about warning signs of identity theft and what to do if your info is lost or stolen.

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James Blumberg Law | Apple Valley Identity Theft Defense Attorney

If you were arrested or believe that you might be under investigation anywhere in the Twin Cities for an alleged identity theft crime, it is in your best interest to exercise your right to remain silent until you have legal counsel.

James Blumberg Law represents individuals in Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, West St. Paul, and several other communities in and around Dakota County.

Apple Valley criminal defense lawyer James Blumberg is a former prosecutor in the Criminal Division of the Dakota County Attorney’s Office who can fight to possibly have your criminal charges reduced or dismissed. He can provide a complete evaluation of your case when you call (952) 431-7758 or submit an online contact form to schedule a free, confidential consultation.


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