Minnesota Statutes

Minn. Stat. § 16A.139 (2026)

Misappropriation Of Money

✓ current as of May 2026

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(a) No official or head of any state department in the executive, legislative, or judicial branches, or any employee of a state department in those branches, may intentionally use money appropriated by law, or fees collected knowing that the use is for a purpose other than the purpose for which the money was appropriated. Unless a greater penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a gross misdemeanor.

(b) A violation of paragraph (a) by a head of a department, or any state official, is cause for immediate removal of the official or head of a state department from the position held with the government of this state. A criminal conviction under paragraph (a) is not a prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer, or a legislator, except as potential grounds for expulsion, impeachment, or recall in the manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2010–2023 · leading case: Brayton v. Pawlenty, 781 N.W.2d 357 (Minn. 2010).

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Brayton v. Pawlenty, 781 N.W.2d 357 (Minn. 2010). · cites it 4× “[6] Appellants argue that the statute does not allow the executive branch to change the actual amount appropriated, and the executive branch cannot use funds for a purpose different than they are appropriated for, Minn.Stat. § 16A.139 (2008). The result, according to appellants,…”

Rud v. Johnston (D. Minnesota 2023). · cites it 2× “Minn. Stat. § 16A.139(a). (See also Decl.”

— Minn. Stat. § 16A.139(a) — 1 case

Rud v. Johnston (D. Minnesota 2023). “Minn. Stat. § 16A.139(a). (See also Decl.”

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