reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 1. Criminal Mischief and Arson › 45-6-106. Criminal mischief damage to rental property

45-6-106. Criminal mischief damage to rental property.
(1) A tenant commits the offense of criminal mischief damage to rental property if the tenant purposely or knowingly destroys, defaces, damages, impairs, or removes any part of the premises with a value of at least $1,000 or permits any person to do so in violation of 70-24-321(2) or 70-33-321(3).
(2) A person convicted of the offense of criminal mischief damage to rental property shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(3) A person convicted of criminal mischief damage to rental property must be ordered to make restitution in an amount and manner to be set by the court pursuant to 46-18-201(5) and 46-18-241 through 46-18-249.
(4) A prosecution under this section is independent of and does not constitute a waiver of any of the rights, duties, obligations, and remedies otherwise provided for under Title 70, chapter 24 or 33.
(5) A person convicted of criminal mischief damage to rental property under this section is not subject to the provisions of 45-6-101.
History: En. Sec. 1, Ch. 466, L. 2009; amd. Sec. 1, Ch. 220, L. 2011.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 2. Criminal Trespass and Burglary › 45-6-202. Criminal trespass to vehicles

45-6-202. Criminal trespass to vehicles.
(1) A person commits the offense of criminal trespass to vehicles when the person purposely or knowingly and without authority enters any vehicle or any part of a vehicle.
(2) A person convicted of the offense of criminal trespass to vehicles shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 94-6-202 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-202; amd. Sec. 1664, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 2. Criminal Trespass and Burglary › 45-6-203. Criminal trespass to property

45-6-203. Criminal trespass to property.
(1) Except as provided in 15-7-139, 70-16-111, 76-13-116, and subsection (4) of this section, a person commits the offense of criminal trespass to property if the person knowingly:
(a) enters or remains unlawfully in an occupied structure; or
(b) enters or remains unlawfully in or upon the premises of another.
(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
(3) A person convicted of or who forfeits bond or bail for committing an act of criminal trespass involving property owned or administered by the department of fish, wildlife, and parks or while hunting, fishing, or trapping may be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture.
(4) It does not constitute criminal trespass when a person who lacks proof of vaccination or vaccination status or fails to wear a specific medical device, such as masks or other facial coverings, enters or remains in a public place paid for in whole or in part with taxpayer funds where proof of vaccination or use of medical devices, such as masks or other facial coverings, is required.
History: En. 94-6-203 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-203; amd. Sec. 1, Ch. 604, L. 1993; amd. Sec. 4, Ch. 5, L. 2003; amd. Sec. 2, Ch. 336, L. 2007; amd. Sec. 3, Ch. 121, L. 2009; amd. Sec. 83, Ch. 258, L. 2011; amd. Sec. 1, Ch. 527, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 2. Criminal Trespass and Burglary › 45-6-204. Burglary

45-6-204. Burglary.
(1) A person commits the offense of burglary if the person knowingly enters or remains unlawfully in an occupied structure and:
(a) the person has the purpose to commit an offense in the occupied structure; or
(b) the person knowingly or purposely commits any other offense within that structure.
(2) A person commits the offense of aggravated burglary if the person knowingly enters or remains unlawfully in an occupied structure and:
(a) (i) the person has the purpose to commit an offense in the occupied structure; or
(ii) the person knowingly or purposely commits any other offense within that structure; and
(b) in effecting entry or in the course of committing the offense or in immediate flight after effecting entry or committing the offense:
(i) the person or another participant in the offense is armed with explosives or a weapon; or
(ii) the person purposely, knowingly, or negligently inflicts or attempts to inflict bodily injury upon anyone.
(3) A person convicted of the offense of burglary shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both. A person convicted of the offense of aggravated burglary shall be imprisoned in the state prison for any term not to exceed 40 years or be fined an amount not to exceed $50,000, or both.
History: En. 94-6-204 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 260, L. 1975; R.C.M. 1947, 94-6-204; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 357, L. 1987; amd. Sec. 1665, Ch. 56, L. 2009; amd. Sec. 1, Ch. 263, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 2. Criminal Trespass and Burglary › 45-6-205. Possession of burglary tools

45-6-205. Possession of burglary tools.
(1) A person commits the offense of possession of burglary tools when the person knowingly possesses any key, tool, instrument, device, or explosive suitable for breaking into an occupied structure, a vehicle, or any depository designed for the safekeeping of property or any part of the occupied structure, vehicle, or depository with the purpose to commit an offense.
(2) A person convicted of possession of burglary tools shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 94-6-205 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-205; amd. Sec. 1666, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-302. Theft of lost or mislaid property

45-6-302. Theft of lost or mislaid property.
(1) A person who obtains control over lost or mislaid property commits the offense of theft when the person:
(a) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;
(b) fails to take reasonable measures to restore the property to the owner; and
(c) has the purpose of depriving the owner permanently of the use or benefit of the property.
(2) A person convicted of theft of lost or mislaid property shall be fined not to exceed $500 or be imprisoned in the county jail for a period not to exceed 6 months.
History: En. 94-6-303 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-303; amd. Sec. 1667, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-303. Offender's interest in the property

45-6-303. Offender's interest in the property.
(1) It is no defense to a charge of theft of property that the offender has an interest therein when the owner also has an interest to which the offender is not entitled.
(2) It is no defense that theft was from the offender's spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it occurs after the parties have ceased living together.
History: En. 94-6-306 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-306.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-304. Repealed

45-6-304. Repealed.
Sec. 2, Ch. 188, L. 1991.
History: En. 94-6-314 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-314.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-305. Theft of labor or services or use of property

45-6-305. Theft of labor or services or use of property.
(1) A person commits the offense of theft when the person obtains the temporary use of property, labor, or services of another that are available only for hire, by means of threat or deception or knowing that the use is without the consent of the person providing the property, labor, or services.
(2) A person convicted of theft of labor or services or use of property shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
History: En. 94-6-304 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-304; amd. Sec. 1668, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-306. Obtaining communication services with intent to defraud

45-6-306. Obtaining communication services with intent to defraud.
In a prosecution under 45-6-305 for theft of telephone, telegraph, or cable television services, the element of deception is established by proof that the defendant obtained such services by any of the following means:
(1) by use of a code, prearranged scheme, or other similar stratagem or device whereby said person, in effect, sends or receives information;
(2) by installing, rearranging, or tampering with any facilities or equipment, whether physically, inductively, acoustically, or electronically;
(3) by any other trick, stratagem, impersonation, false pretense, false representation, false statement, contrivance, device, or means; or
(4) by making, assembling, or possessing any instrument, apparatus, equipment, or device or the plans or instructions for the making or assembling of any instrument, apparatus, equipment, or device which is designed, adapted, or otherwise intended to be used to avoid the lawful charge, in whole or in part, for any telecommunications service by concealing the existence, place of origin, or destination of any telecommunications.
History: En. 94-6-304.1 by Sec. 1, Ch. 156, L. 1974; amd. Sec. 1, Ch. 175, L. 1977; R.C.M. 1947, 94-6-304.1.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-307. Aiding the avoidance of telecommunications charges

45-6-307. Aiding the avoidance of telecommunications charges.
(1) A person commits the offense of aiding the avoidance of telecommunications charges when the person:
(a) publishes the number or code of an existing, canceled, revoked, expired, or nonexistent telephone credit card or the numbering or coding that is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges;
(b) publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in 45-6-306(4) with the purpose that it will be used or with the knowledge or reason to believe that it will be used to avoid the payment of lawful telecommunications charges; or
(c) manufactures, assembles, possesses, sells, gives, or otherwise transfers any apparatus, instrument, equipment, or device described in 45-6-306(4) with the purpose that it will be used to avoid the payment of lawful telecommunications charges.
(2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(3) For the purposes of this section, the term "publish" means to communicate information to any one or more persons, either orally; in person; by computer, telephone, radio, or television; or in a writing of any kind, including but not limited to a letter, memorandum, circular, handbill, newspaper or magazine article, or book.
History: En. 94-6-304.2 by Sec. 2, Ch. 175, L. 1977; R.C.M. 1947, 94-6-304.2; amd. Sec. 1, Ch. 282, L. 1979; amd. Sec. 2, Ch. 354, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-308. Unauthorized use of motor vehicles

45-6-308. Unauthorized use of motor vehicles.
(1) A person commits the offense of unauthorized use of motor vehicles if the person knowingly operates the automobile, airplane, motorcycle, quadricycle, motorboat, or other motor-propelled vehicle of another without the other's consent.
(2) A person convicted of unauthorized use of motor vehicles shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. It is an affirmative defense that the offender reasonably believed that the owner would have consented to the operation had the owner known of it.
History: En. 94-6-305 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-305; amd. Sec. 14, Ch. 516, L. 1985; amd. Sec. 1669, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-309. Failure to return rented or leased personal property

45-6-309. Failure to return rented or leased personal property.
(1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.
(2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.
(3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense.
(4) (a) A person convicted of failure to return rented or leased personal property not exceeding $1,500 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) A person convicted of failure to return rented or leased personal property that exceeds $1,500 in value and does not exceed $5,000 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 3 years, or both. A person convicted of a second offense shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 5 years, or both. A person convicted of a third or subsequent offense shall be imprisoned in the state prison for a term of not less than 2 years or more than 5 years and may be fined an amount not to exceed $5,000.
(c) A person convicted of failure to return rental or leased personal property exceeding $5,000 in value or part of a common scheme shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
History: En. Sec. 1, Ch. 239, L. 1981; amd. Sec. 3, Ch. 581, L. 1983; amd. Sec. 4, Ch. 616, L. 1993; amd. Sec. 6, Ch. 397, L. 1999; amd. Sec. 6, Ch. 473, L. 2009; amd. Sec. 10, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-312. Unauthorized acquisition or transfer of food stamps

45-6-312. Unauthorized acquisition or transfer of food stamps.
(1) A person commits the offense of unauthorized acquisition or transfer of food stamp benefits if the person knowingly:
(a) acquires, purchases, possesses, or uses any food stamp benefit that the person is not entitled to; or
(b) transfers, sells, trades, gives, or otherwise disposes of any food stamp benefit to another person not entitled to receive or use it.
(2) A person convicted of an offense under this section shall be fined not more than $1,500 or be imprisoned in the county jail for not more than 6 months, or both. A person convicted of an offense under this section, which offense is part of a common scheme or in which the value of the food stamp benefits exceeds $1,500, shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 10 years, or both.
(3) As used in this section, "food stamp benefits" means any stamp, coupon, or type of certification provided for the purchase of eligible food pursuant to the Food Stamp Act of 1977, 7 U.S.C. 2011 through 2029, or any similar public assistance program.
History: En. Sec. 1, Ch. 87, L. 1983; amd. Sec. 6, Ch. 616, L. 1993; amd. Sec. 8, Ch. 397, L. 1999; amd. Sec. 81, Ch. 2, L. 2009; amd. Sec. 8, Ch. 473, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-314. Theft by disposal of stolen property

45-6-314. Theft by disposal of stolen property.
A pawnbroker or dealer who buys and sells secondhand merchandise and allows stolen property to be sold, bartered, or otherwise disposed of after a peace officer has requested the pawnbroker or dealer to hold the property for 30 days, as provided in 46-5-212, commits the offense of theft as defined in 45-6-301.
History: En. Sec. 1, Ch. 470, L. 1989; amd. Sec. 1670, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-315. Defrauding creditors

45-6-315. Defrauding creditors.
(1) A person commits the offense of defrauding secured creditors if the person destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest.
(2) "Security interest" means an interest in personal property or fixtures as defined in the Uniform Commercial Code, 30-1-201(2)(jj).
(3) A person convicted of the offense of defrauding secured creditors shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(4) A person who destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose of depriving the owner of the property or of the proceeds and value from the property may be prosecuted under 45-6-301.
History: En. 94-6-313 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 367, L. 1975; R.C.M. 1947, 94-6-313; amd. Sec. 88, Ch. 575, L. 2005; amd. Sec. 1671, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-316. Issuing a bad check

45-6-316. Issuing a bad check.
(1) A person commits the offense of issuing a bad check when the person issues or delivers a check or other order upon a real or fictitious depository for the payment of money knowing that it will not be paid by the depository.
(2) If the offender has an account with the depository, failure to make good the check or other order within 5 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the offender knew that it would not be paid by the depository.
(3) (a) A person convicted of issuing a bad check not exceeding $500 in value shall be fined an amount not to exceed $500. A person convicted of a second offense shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be imprisoned in the county jail for a term of not less than 5 days or more than 1 year and may be fined an amount not to exceed $500.
(b) A person convicted of issuing a bad check that exceeds $500 in value and does not exceed $5,000 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 3 years, or both. A person convicted of a second offense shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 5 years, or both. A person convicted of a third or subsequent offense shall be imprisoned in the state prison for a term of not less than 2 years or more than 5 years and may be fined an amount not to exceed $5,000.
(c) A person convicted of issuing a bad check exceeding $5,000 in value or as part of a common scheme shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years.
History: En. 94-6-309 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-309; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 5, Ch. 581, L. 1983; amd. Sec. 1, Ch. 383, L. 1985; amd. Sec. 7, Ch. 616, L. 1993; amd. Sec. 10, Ch. 397, L. 1999; amd. Sec. 10, Ch. 473, L. 2009; amd. Sec. 11, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-318. Deceptive business practices

45-6-318. Deceptive business practices.
(1) A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession, the person purposely or knowingly:
(a) uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;
(b) sells, offers, exposes for sale, or delivers less than the represented quantity of any commodity or service;
(c) takes or attempts to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;
(d) sells, offers, or exposes for sale adulterated commodities;
(e) sells, offers, or exposes for sale mislabeled commodities; or
(f) makes a deceptive statement regarding the quantity or price of goods in any advertisement addressed to the public.
(2) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage.
(3) "Mislabeled" means:
(a) varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage; or
(b) represented as being another person's produce though otherwise labeled accurately as to quality and quantity.
(4) A person convicted of the offense of deceptive business practices shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
History: En. 94-6-308 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-308; amd. Sec. 1672, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-319. Chain distributor schemes

45-6-319. Chain distributor schemes.
(1) As used in this section, the following definitions apply:
(a) "Chain distributor scheme" means a sales device whereby a person, under a condition that the person make an investment, is granted a license or right to recruit for consideration one or more additional persons who are also granted a license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted a license or right upon the condition.
(b) "Person" means a natural person, corporation, partnership, trust, or other entity and, in the case of an entity, includes any other entity that has a majority interest in the entity or effectively controls the other entity as well as the individual officers, directors, and other persons in act of control of the activities of each entity.
(2) It is unlawful for a person to promote, sell, or encourage participation in any chain distributor scheme.
(3) A person violating the provisions of this section shall, upon conviction, be imprisoned in the state prison for a period not to exceed 1 year or be fined not to exceed $1,000, or both.
(4) A person convicted of a second offense under this section shall be imprisoned in the state prison for a period not to exceed 5 years or be fined not to exceed $5,000, or both.
History: En. Secs. 1 to 3, Ch. 465, L. 1973; amd. Sec. 24, Ch. 359, L. 1977; R.C.M. 1947, 94-6-308.1; amd. Sec. 1673, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-320. Theft of nonferrous metal

45-6-320. Theft of nonferrous metal.
(1) A person commits the offense of theft of nonferrous metal if the person purposely or knowingly takes, steals, carries away, destroys, injures, or otherwise damages any personal or real property of another without consent, including fixtures or improvements, for the purpose of obtaining nonferrous metal as defined in 30-22-101.
(2) (a) If the injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss is less than $1,500, the person shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 1 year, or both.
(b) If the injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss is $1,500 or more, the person shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
History: En. Sec. 2, Ch. 174, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-321. Illegal transportation of catalytic converters

45-6-321. Illegal transportation of catalytic converters.
(1) Except for a person transporting vehicles or materials in conformance with the junk vehicle program provided for in Title 75, chapter 10, part 5, a person commits the offense of illegal transportation of catalytic converters if the person purposely or knowingly transports more than one catalytic converter that is not connected to a vehicle exhaust system and the person lacks a nonferrous metal acquisition record as provided in 30-22-102.
(2) A person convicted of illegal transportation of catalytic converters shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 1 year, or both.
History: En. Sec. 2, Ch. 372, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-326. Obscuring identity of machine

45-6-326. Obscuring identity of machine.
(1) A person commits the offense of obscuring the identity of a machine if the person:
(a) removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any machine, vehicle, electrical device, or firearm with the purpose to conceal, misrepresent, or transfer any machine, vehicle, electrical device, or firearm; or
(b) possesses with the purpose to conceal, misrepresent, or transfer any machine, vehicle, device, or firearm knowing that the serial number or other identification number or mark has been removed or otherwise obscured.
(2) A person convicted of obscuring the identity of a machine shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(3) The fact of possession or transfer of any machine, vehicle, electrical device, or firearm described in subsection (1) creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured.
History: En. 94-6-311 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 167, L. 1977; R.C.M. 1947, 94-6-311; amd. Sec. 1674, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-327. Illegal branding or altering or obscuring of brand

45-6-327. Illegal branding or altering or obscuring of brand.
(1) A person commits the offense of illegal branding or altering or obscuring a brand if the person marks or brands any commonly domesticated hoofed animal or removes, covers, alters, or defaces an existing mark or brand on any commonly domesticated hoofed animal with the purpose of obtaining or exerting unauthorized control over the animal or with the purpose of concealing, misrepresenting, transferring, or preventing identification of the animal.
(2) A person convicted of the offense of illegal branding or altering or obscuring a brand shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount of not less than $5,000 or more than $50,000, or both. If a prison term is deferred, the court shall order the offender to perform 416 hours of community service during a 1-year period, in the offender's county of residence. In addition to the fine and imprisonment, the offender's property is subject to criminal forfeiture pursuant to 45-6-328 and 45-6-329.
History: En. 94-6-312 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-312; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1675, Ch. 56, L. 2009; amd. Sec. 5, Ch. 400, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-329. Disposition of property and proceeds of sale

45-6-329. Disposition of property and proceeds of sale.
(1) If the court finds that property seized pursuant to the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand was not used for the purpose charged or that the property listed in 45-6-328(1) was used without the knowledge or consent of the owner, it shall order the property released to the owner of record as of the date of the seizure.
(2) If the court finds that the property was used for the purpose charged and that the property listed in 45-6-328(1) was used with the knowledge or consent of the owner, the property must be disposed of as follows:
(a) If proper proof of the claim is presented at the hearing by the holder of a security interest, the court shall order the property released to the holder of the security interest if the amount due the holder of the security interest is equal to or in excess of the value of the property as of the date of seizure. If the amount due the holder of the security interest is less than the value of the property, the property, if it is sold, must be sold at public auction by the department of livestock in the same manner provided by law for the sale of property under execution or the department of livestock may return the property to the holder of the security interest without proceeding with an auction. The property may not be sold to an officer or employee of the department of livestock or to a person related to a department officer or employee by blood or marriage.
(b) If no claimant exists and the department of livestock wishes to retain the property for its official use, it may do so. If the property is not to be retained, it must be sold as provided in subsection (2)(a).
(c) If a claimant who has presented proper proof of a claim exists and the department of livestock wishes to retain the property for its official use, it may do so if it compensates the claimant in the amount of the security interest outstanding at the time of the seizure.
(3) In making a disposition of property under this section, the court may take any action to protect the rights of innocent persons.
(4) Whenever property is seized, forfeited, and sold under the provisions of this section, the net proceeds of the sale must be distributed as follows:
(a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their interests in the property; and
(b) the remainder, if any, to the credit of the department of livestock to be used in enforcement activities related to the theft of commonly domesticated hoofed animals and illegal branding or altering or obscuring a brand.
History: En. Sec. 2, Ch. 400, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-333. Exploitation of incapacitated person or vulnerable adult

45-6-333. Exploitation of incapacitated person or vulnerable adult.
(1) A person commits the offense of exploitation of an incapacitated person or vulnerable adult if the person:
(a) purposely or knowingly obtains or uses or attempts to obtain or use an incapacitated person's or vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the incapacitated person or vulnerable adult of the use, benefit, or possession of funds, assets, or property or to benefit someone other than the incapacitated person or vulnerable adult by means of deception, duress, menace, fraud, undue influence, or intimidation; and
(b) (i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult; or
(ii) has a business relationship with the incapacitated person or vulnerable adult.
(2) A person commits the offense of exploitation of an incapacitated person or vulnerable adult if the person:
(a) purposely or knowingly obtains personal identifying information of the incapacitated person or vulnerable adult and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the incapacitated person or vulnerable adult without the consent of the incapacitated person or vulnerable adult; and
(b) (i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult; or
(ii) has a business relationship with the incapacitated person or vulnerable adult.
(3) A person convicted of the offense of exploitation of an incapacitated person or vulnerable adult shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(4) As used in this section, the following definitions apply:
(a) "Incapacitated person" has the meaning provided in 72-5-101.
(b) "Vulnerable adult" has the meaning provided in 52-3-803.
History: En. Sec. 2, Ch. 180, L. 2015; amd. Sec. 1, Ch. 99, L. 2019; amd. Sec. 7, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-341. Money laundering

45-6-341. Money laundering.
(1) A person commits the offense of money laundering if the person knowingly:
(a) receives or acquires the proceeds of, or engages in transactions involving proceeds of, any activity that is unlawful under the laws of the United States or the state in which the activity occurred;
(b) gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available anything of value that the person knows is intended to be used for the purpose of committing or furthering the commission of any activity that is unlawful under the laws of the United States or the state in which the committing or furthering of the commission of the activity occurs;
(c) directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred; or
(d) conducts a financial transaction involving proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds or to avoid a transaction reporting requirement under federal law.
(2) A person convicted of money laundering shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. If the money laundering is part of a common scheme or if the value of the proceeds or item of value exceeds $1,500, the person shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 20 years, or both.
(3) (a) Upon conviction, the court shall order the following property possessed by a person convicted of money laundering to be forfeited:
(i) money, including digital currency, and raw materials, products, equipment of any kind, and any other personal property involved in the money laundering;
(ii) personal property constituting or derived from proceeds obtained directly or indirectly from the money laundering; and
(iii) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to commit or facilitate the commission of, or that is derived from or maintained by the proceeds resulting from, the money laundering.
(b) The sheriff of the county where forfeited property is located shall sell the property at auction. The proceeds of the sale must be deposited in the state general fund.
(4) For purposes of this section, "digital currency" means money represented by digital information that is stored, spent, and transferred electronically by a person as part of a financial transaction.
History: En. Sec. 1, Ch. 276, L. 2005; amd. Sec. 14, Ch. 473, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-345. Determination of number of convictions

45-6-345. Determination of number of convictions.
For the purpose of determining the number of convictions under 45-6-301, 45-6-309, 45-6-316, 45-6-317, 45-6-325, or 45-6-332, a conviction means:
(1) a conviction, as defined in 45-2-101, under the same statute;
(2) a conviction for a violation of a similar statute in another state; or
(3) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a similar statute, which forfeiture has not been vacated.
History: En. Sec. 15, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 1. Bribery and Corrupt Influence › 45-7-101. Bribery in official and political matters

45-7-101. Bribery in official and political matters.
(1) A person commits the offense of bribery if the person purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:
(a) any pecuniary benefit as a consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(b) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; or
(c) any benefit as consideration for a violation of a known duty as a public servant or party official.
(2) It is no defense to prosecution under this section that a person whom the offender sought to influence was not qualified to act in the desired way whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.
(3) A person convicted of the offense of bribery shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, and shall forever be disqualified from holding any public office in this state.
History: En. 94-7-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-102; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1676, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 1. Bribery and Corrupt Influence › 45-7-102. Threats and other improper influence in official and political matters

45-7-102. Threats and other improper influence in official and political matters.
(1) A person commits an offense under this section if the person purposely or knowingly:
(a) (i) threatens harm to any person, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(ii) threatens harm to any public servant, to the public servant's spouse, child, parent, or sibling, or to the public servant's property with the purpose to influence the public servant's decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;
(iii) threatens harm to any public servant or party official, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person to violate the person's duty or to prevent the public servant or party official from accepting or holding any public office;
(iv) privately addresses to any public servant who has or will have official discretion in a judicial or administrative proceeding any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations other than those authorized by law;
(v) as a juror or officer in charge of a jury receives or permits to be received any communication relating to any matter pending before the jury, except according to the regular course of proceedings; or
(b) injures the person or property of a public servant or injures the servant's spouse, child, parent, or sibling because of the public servant's lawful discharge of the duties of the office or to prevent the public servant from discharging the public servant's official duties.
(2) It is no defense to prosecution under subsections (1)(a)(i) through (1)(a)(iv) and (1)(b) that a person whom the offender sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.
(3) A person convicted under this section shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
History: En. 94-7-103 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 25, Ch. 359, L. 1977; R.C.M. 1947, 94-7-103; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 351, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 1. Bribery and Corrupt Influence › 45-7-103. Criminal use of office or position

45-7-103. Criminal use of office or position.
(1) An elected official or other public servant commits the offense of criminal use of office or position if the person knowingly solicits, accepts, or agrees to accept any pecuniary benefit accruing to the person, the person's political campaign, or the person's political party for giving or offering to give a decision, opinion, recommendation, or vote favorable to another, for exercising or offering to exercise a discretion in another's favor, or for violating or offering to violate the person's duty. A person commits an offense under this section if the person knowingly offers, confers, or agrees to confer compensation that is prohibited by this section.
(2) A person convicted under this section shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
History: En. 94-7-104 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 26, Ch. 359, L. 1977; R.C.M. 1947, 94-7-104; amd. Sec. 1677, Ch. 56, L. 2009; amd. Sec. 1, Ch. 98, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 7. Offenses Against Public Administration › Part 1. Bribery and Corrupt Influence › 45-7-104. Gifts to public servants by persons subject to their jurisdiction

45-7-104. Gifts to public servants by persons subject to their jurisdiction.
(1) A public servant in any department or agency exercising regulatory function, conducting inspections or investigations, carrying on a civil or criminal litigation on behalf of the government, or having custody of prisoners may not solicit, accept, or agree to accept any pecuniary benefit from a person known to be subject to the regulation, inspection, investigation, or custody or against whom litigation is known to be pending or contemplated.
(2) A public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the government may not solicit, accept, or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any contract, purchase, payment, claim, or transaction.
(3) A public servant having judicial or administrative authority and a public servant employed by or in a court or other tribunal having judicial or administrative authority or participating in the enforcement of its decision may not solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before the public servant or tribunal with which the public servant or tribunal is associated.
(4) A legislator or public servant employed by the legislature or by any committee or agency of the legislature may not solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before the legislature or any committee or agency of the legislature.
(5) This section does not apply to:
(a) fees prescribed by law to be received by a public servant or any other benefit for which the recipient gives legitimate consideration or to which the public servant is otherwise entitled; or
(b) trivial benefits incidental to personal, professional, or business contacts and involving no substantial risk of undermining official impartiality.
(6) A person may not knowingly confer or offer or agree to confer any benefit prohibited by subsections (1) through (5).
(7) A person convicted of an offense under this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 94-7-105 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-105; amd. Sec. 1678, Ch. 56, L. 2009.