SF638

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