Montana Code 45-6-317. Deceptive practices
45-6-317. Deceptive practices. (1) A person commits the offense of deceptive practices when the person purposely or knowingly:
Terms Used In Montana Code 45-6-317
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred;
(b)makes or directs another to make a false or deceptive statement addressed to the public or any person for the purpose of promoting or procuring the sale of property or services;
(c)makes or directs another to make a false or deceptive statement to any person respecting the financial condition of the person making or directing another to make the statement for the purpose of procuring a loan or credit or accepts a false or deceptive statement from any person who is attempting to procure a loan or credit regarding that person’s financial condition; or
(d)obtains or attempts to obtain property, labor, or services by any of the following means:
(i)using a credit card that was issued to another without the other’s consent;
(ii)using a credit card that has been revoked or canceled;
(iii)using a credit card that has been falsely made, counterfeited, or altered in any material respect;
(iv)using the pretended number or description of a fictitious credit card; or
(v)using a credit card that has expired when the credit card clearly indicates the expiration date.
(2)(a) A person convicted of the offense of deceptive practices if the value of any property, labor, or services obtained or attempted to be obtained does not exceed $1,500 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 the offense of deceptive practices if the value of any property, labor, or services obtained or attempted to be obtained 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 the offense of deceptive practices if the value of any property, labor, or services obtained or attempted to be obtained exceeds $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, or both.