2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 3. Theft and Related Offenses › 45-6-332. Theft of identity

45-6-332. Theft of identity.
(1) A person commits the offense of theft of identity if the person purposely or knowingly obtains personal identifying information of another person 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 other person without the consent of the other person.
(2) (a) A person convicted of the offense of theft of identity if no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,500 was gained or was attempted to be gained shall be fined an amount not to exceed $500. If the victim is a minor, the offender shall be fined an amount not to exceed $3,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. 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 fined an amount not to exceed $500 and be imprisoned in the county jail for a term of not less than 5 days or more than 1 year.
(b) A person convicted of the offense of theft of identity if an economic benefit that exceeds $1,500 and does not exceed $5,000 was gained or was attempted to be gained shall be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both. If the victim is a minor, the offender shall be fined an amount not to exceed $20,000 or be imprisoned in the state prison for a term not to exceed 20 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 theft of identity if an economic benefit exceeding $5,000 in value was gained or attempted to be gained 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.
(3) As used in this section, "personal identifying information" includes but is not limited to the name, date of birth, address, telephone number, driver's license number, social security number or other federal government identification number, tribal identification card number, place of employment, employee identification number, mother's maiden name, financial institution account number, credit card number, or similar identifying information relating to a person.
(4) If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
History: En. Sec. 1, Ch. 378, L. 2001; amd. Sec. 5, Ch. 180, L. 2007; amd. Sec. 13, Ch. 473, L. 2009; amd. Sec. 1, Ch. 175, L. 2015; amd. Sec. 14, Ch. 321, L. 2017.