default.html.twig template not found for page: /resources/general-criminal-law/minnesota-cybercrime-law-stay-informed-and-stay-up-to-dateFrom 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 occurs when someone transfers, uses, or possesses another person’s identity with the intention of committing or helping commit unlawful activity.
Minnesota’s penalties depend on the number of victims and the value of the loss:
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.
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.
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 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.
Computer theft covers unauthorized access, transfer, concealment, or possession of computers, systems, networks, data, or software.
A person commits this offense by attempting to penetrate or bypass a computer security system without permission.
Up to ten years in prison and/or a fine up to $20,000 if the person:
Up to one year in jail and/or a fine up to $3,000 if the person:
Up to 90 days in jail and/or a fine up to $1,000.
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.
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.
This includes possessing or distributing cloned phones or devices used to duplicate identifying numbers.
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.
There are many other crimes that involve the internet or a technological device.
Using someone else's card, faking a card, forging signatures, or knowingly providing false information to obtain a card can result in serious penalties.
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.
Cyberbullying occurs when someone sends intimidating, threatening, abusive, or harming content that is offensive to another person over electronic communication.
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.
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.
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.
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