State v. ThonesavanhAnnotate this Case
An individual may commit motor vehicle theft without moving the vehicle.
Defendant was charged with theft of a motor vehicle under Minn. Stat. 609.52(2)(a)(17) even though he never moved the vehicle. The district court dismissed the charge for lack of probable cause, concluding that the word “takes” in the statute required Defendant to move the vehicle. The court of appeals affirmed the dismissal of the motor vehicle theft charge due to the absence of any evidence that Defendant moved the vehicle at issue. The Supreme Court reversed, holding that to “take” a motor vehicle under section 609.52(2)(a)(17), an individual must only adversely possess it.