Minnesota Cybercrime Law: What You Need to Know

From identity theft to unauthorized access of computer systems, cybercrime remains a serious issue throughout Minnesota. As technology continues to evolve, so do the tactics used by online offenders, making it important for consumers, families, and businesses to stay aware of how the law treats these offenses.

Below is a clear breakdown of the key Minnesota cybercrime statutes, what they mean, and the potential penalties involved.

Identity Theft

Minnesota Statute §609.527

Identity theft occurs when someone transfers, uses, or possesses another person’s identity with the intention of committing or helping commit unlawful activity.

Penalities for Identity Theft

Minnesota’s penalties depend on the number of victims and the value of the loss:

Loss of $250 or less (single victim): Up to 90 days in jail and/or a fine up to $1,000.
Loss between $250 and $500 (single victim): Up to one year in jail and/or a fine up to $3,000.
Two or three victims or loss between $500 and $2,500: Up to five years in prison and/or a fine up to $10,000.
Between three and seven victims or loss above $2,500: Up to ten years in prison and/or a fine up to $20,000.
Eight or more victims, loss above $35,000, or the offense involves pornographic work: Up to 20 years in prison and/or a fine up to $100,000.

Courts may also order restitution for financial loss and the victim’s time spent repairing the damage. Under the Identity Theft Assumption and Deterrence Act, restitution must be at least $1,000 per victim.

Electronic Use of False Pretenses

Using email, websites, or digital communication to obtain someone’s identity under false pretenses is a crime, even if the attempt fails. Penalty: Up to five years in prison and/or a fine up to $10,000.

Possession or Use of a Scanning Device or Reencoder

Having a device or software that can capture credit card data without permission is illegal. Penalty: Up to five years in prison and/or a fine up to $10,000.

Computer Damage

Minnesota Statute §609.88

Computer damage includes altering, damaging, or destroying a computer, or distributing a destructive computer program, without authorization and with intent to damage, defraud, or destroy any computer, computer system, computer network, or software.

Penalities

Loss above $2,500: Felony; up to ten years in prison and/or a fine up to $50,000.
Loss between $500 and $2,500: Felony; up to five years in prison and/or a fine up to $10,000.
Loss under $500: Misdemeanor; up to 90 days in jail and/or a fine up to $1,000.

Computer Theft

Minnesota Statute §609.89

Computer theft covers unauthorized access, transfer, concealment, or possession of computers, systems, networks, data, or software.

Penalties

Loss above $2,500: Felony; up to ten years in prison and/or a fine up to $50,000.
Loss between $500 and $2,500: Felony; up to five years in prison and/or a fine up to $10,000.
Loss under $500: Misdemeanor; up to 90 days in jail and/or a fine up to $1,000.

Unauthorized Computer Access

Minnesota Statute § 609.891

A person commits this offense by attempting to penetrate or bypass a computer security system without permission.

Felony Penalties

Up to ten years in prison and/or a fine up to $20,000 if the person:

Creates a severe risk of death
Has a prior gross misdemeanor conviction for unauthorized access
Accesses an electronic terminal by opening a panel or door and attaching a device to capture information

Gross Misdemeanor Penalties

Up to one year in jail and/or a fine up to $3,000 if the person:

Creates a risk to public health or safety
Compromises private or protected data
Gains access to personal information
Has a prior misdemeanor conviction within five years
Opens or attempts to open an access panel without authorization

Misdemeanor Penalties

Up to 90 days in jail and/or a fine up to $1,000.

Criminal Use Of Encryption

Minnesota Statute § 609.8912

A person may be charged if they intentionally use encryption to hide a crime, assist a crime, protect a person who committed a crime, or disrupt the normal function of another person’s computer or data.

Encryption includes any method that makes data unreadable or inaccessible.

Penalties

Felony: Up to five years in prison and/or a fine up to $10,000 (applies when the underlying crime is a felony or the person has two or more prior convictions).
Gross misdemeanor: Up to one year in jail and/or a fine up to $3,000.

Facilitating Access To Computer Security System

Minnesota Statute § 609.8913

When someone facilitates access to a computer, they are helping someone else gain access to a computer system. This includes sharing passwords, ID codes, PIN numbers, or other confidential information. A person will be convicted of a gross misdemeanor if they know, or have reason to know, that the person they are helping intends to commit a crime.

Cellular Telephone Counterfeiting

Minnesota Statute §609.894

This includes possessing or distributing cloned phones or devices used to duplicate identifying numbers.

Penalties

Third degree: Knowing possession of a cloned phone. Gross misdemeanor.
Second degree: Possessing cloning tools or devices. Up to three years in prison and/or a fine up to $7,000
First degree: Possessing or distributing cloning tools and encouraging others to counterfeit. Up to five years in prison and/or a fine up to $10,000

These provisions do not apply to law enforcement officers, public officials, agents, or employees who engage in conduct prohibited in this section for the purpose of law enforcement or in the normal course of employment duties.

Other Crimes Involving Technology

There are many other crimes that involve the internet or a technological device.

Credit Card Fraud

Using someone else's card, faking a card, forging signatures, or knowingly providing false information to obtain a card can result in serious penalties.

Penalties Based on Value

More than $35,000: Up to 20 years in prison and/or a fine up to $100,000.
Between $2,500 and $35,000: Up to ten years in prison and/or a fine up to $20,000.
Between $250 and $2,500: Up to five years in prison and/or a fine up to $10,000.
Less than $2,500: Up to one year in jail and/or a fine up to $3,000.

If the defendant has a recent conviction for robbery, burglary, theft, forgery, or check fraud, they will be sentenced to imprisonment for up to five years and/or a fine up to $10,000.

For selling a card or possessing two or more fake cards or cards issued to others, the penalty is up to three years in prison and a fine up to $5,000.

Providing false information to get a card or public benefit may result in penalties based on the value received.

Credit card fraud.

Online Harrassment and Intimidation

Cyberbullying

Cyberbullying occurs when someone sends intimidating, threatening, abusive, or harming content that is offensive to another person over electronic communication.

Obscene or harassing phone calls: Misdemeanor, up to one year in jail and/or a fine up to $1,000.

Violating a restraining order can result in up to one year in jail and/or a fine up to $3,000.

If the behavior is tied to bias (race, religion, age, disability, sexual orientation), the offense becomes a felony with penalties up to five years in prison and/or a fine up to $10,000.

Cyberstalking

Repeated online harassment or intimidation may be charged as a gross misdemeanor or felony depending on the conduct. Stalking may either be punished as a gross misdemeanor or felony depending on the conduct involved in the offense.

Gross Misdemeanor: Up to one year in jail and/or a fine up to $3,000
Felony: Up to five years in prison and/or a fine up to $10,000

If Police Want to Access Your Device

Law enforcement often uses digital data, such as phone records or location information, to investigate crimes. Officers may ask to search your phone or computer.

You should not consent to the search until you have spoken with an attorney.

If police obtain a warrant, you are not legally required to share your password. However, courts may compel you to unlock a device using biometric features, which is why attorneys often recommend using strong passwords instead of facial or fingerprint access.

Charged With a Cybercrime? Get Legal Help

Cybercrime charges are serious, and early legal guidance can make a major difference in the outcome of a case. If you have been accused of a cyber offense or have questions about your rights, call Bruno Law at (763) 545-7900 or send a message through our contact form.

We are here to help you navigate the legal system with clarity and confidence.

Related Articles and Resources:

The Consequences of Criminal Sexual Cybercrimes

The Expansion of Federal Cybercrime Laws and How it Affects You