SF1364

Purpose

• To tighten and specify penalties for embezzlement of public funds by creating a tiered sentencing structure based on how much money is embezzled.

Main Provisions

• Amends Minnesota Statutes 2024 section 609.54 (Embezzlement of Public Funds).
• Applies to acts that constitute embezzlement under Minnesota Constitution article XI section 13.
• Establishes three penalty tiers based on the value of funds embezzled:
  • Tier 1: $2,500 or less
  • Imprisonment up to 5 years, or a fine up to $10,000, or both.
  • Tier 2: more than $2,500 but less than $100,000
  • Imprisonment up to 10 years, or a fine up to $20,000, or both.
  • Tier 3: $100,000 or more
  • Imprisonment up to 20 years, or a fine up to $50,000, or both.
• The penalties are the maximums; courts may impose sentences within these limits.
• Maintains the option to impose both imprisonment and fines.

Significant Changes to Existing Law

• Introduces a structured, three-tier penalty system tied to the amount embezzled.
• Sets explicit maximums for imprisonment and fines corresponding to small, moderate, and large embezzlement amounts.
• Clarifies that the penalties apply specifically to acts of embezzlement as defined in the state constitution.

Notes

• The bill focuses on aligning penalties with the monetary scope of the embezzlement and reinforces the seriousness of misusing public funds.

Relevant Terms - embezzlement - public funds - misappropriation of public funds - Minnesota Constitution article XI section 13 - Minnesota Statutes 2024 section 609.54 - value thresholds: 2,500; 100,000 - imprisonment - fines - or both - tiered penalties