Montana Code 81-8-216. Penalties
81-8-216. Penalties. (1) A person who knowingly violates any provision of 81-8-214, 81-8-215, 81-8-251 through 81-8-256, and 81-8-258 through 81-8-263 or rules adopted by the department under 81-8-231 is guilty of a misdemeanor and upon conviction shall be fined not less than $100 or more than $600, imprisoned in the county jail not less than 30 days or more than 6 months, or both. A person convicted of a subsequent violation of 81-8-214, 81-8-215, 81-8-251 through 81-8-256, and 81-8-258 through 81-8-263 or rules adopted to implement those sections shall be fined not less than $200 or more than $1,000, imprisoned in the county jail for not less than 3 months or more than 6 months, or both, and the department may cancel the person’s certificate.
Terms Used In Montana Code 81-8-216
- Conviction: A judgement of guilt against a criminal defendant.
- custodial account: means a separate account established and maintained by a livestock market or livestock video auction engaged in selling livestock on a commission or agency basis. See Montana Code 81-8-213
- Department: means the department of livestock provided for in Title 2, chapter 15, part 31. See Montana Code 81-8-213
- 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: means an individual, firm, association, partnership, or corporation. See Montana Code 81-8-213
- 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
(2)Of all fines assessed and collected under this section, except those assessed and collected in a justice’s court, 50% must be paid into the state treasury and credited to the special revenue fund for the use of the department and 50% must be paid into the general revenue fund of the county in which the conviction occurred.
(3)A person is, upon conviction, guilty of a felony if the person knowingly fails:
(a)to establish a custodial account resulting in a failure to account for or to remit money belonging to others under this chapter; or
(b)to properly use a custodial account resulting in a failure to account for or to remit money belonging to others under this chapter.