(1) is issued to an authorized card user; and (2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or anything of value. Subd. 2. Crime . A 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 may be punished as provided in subdivision 3. Subd. 3. Penalties. A person who violates subdivision 2 may be sentenced as follows: (1) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced as provided in Minn. Stat. § 609.52, subdivision 3, clause (5); (2) if the 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, the person may be sentenced as provided in Minn. Stat. § 609.52, subdivision 3, clause (4); (3) if the 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, the person may be sentenced as provided in Minn. Stat. § 609.52, subdivision 3, clause (3); (4) if the 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, the person may be sentenced as provided in Minn. Stat. § 609.52, subdivision 3, clause (2); and (5) if the 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 Minn. Stat. §§ 617.246 or 617.247; the person may be sentenced as provided in Minn. Stat. § 609.52, subdivision 3, clause (1). Subd. 4. Restitution; items provided to victim. (a) A direct or indirect victim of an identity theft crime shall be considered a victim for all purposes, including any rights that accrue under Minn. Stat. Chapter 611A and rights to court-ordered restitution.
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