Montana Code 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).
Terms Used In Montana Code 45-6-106
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(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.