Subdivision 1. Definition.
As used in this section, "defensive device" includes a firearm; a dangerous weapon; an authorized tear gas compound, as defined in section 624.731, subdivision 1 ; an electronic incapacitation device, as defined in section 624.731 , subdivision 1; a club or baton; and any item issued by a peace officer's employer to the officer to assist in the officer's protection.
Subd. 2. Crime described.
Whoever intentionally takes possession of a defensive device being carried by a peace officer or from the area within the officer's immediate control, without the officer's consent while the officer is engaged in the performance of official duties, is guilty of a crime and may be sentenced as provided in subdivision 3.
Subd. 3. Penalty.
A person who violates this section is guilty of a felony and may be sentenced to imprisonment for not more than five years, payment of a fine of not more than $10,000, or both.