Revise sentencing laws related to theft

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AN ACT GENERALLY REVISING SENTENCING LAWS FOR THEFT, FAILURE TO RETURN RENTED OR
LEASED PERSONAL PROPERTY, ISSUING A BAD CHECK, DECEPTIVE PRACTICES, FORGERY, AND
THEFT OF IDENTITY; REVISING THE DEFINITION OF COMMON SCHEME; RAISING THE PENALTY
THRESHOLDS FOR OFFENSES INVOLVING THEFT, FAILURE TO RETURN RENTED OR LEASED
PERSONAL PROPERTY, ISSUING A BAD CHECK, DECEPTIVE PRACTICES, FORGERY, AND THEFT OF
IDENTITY; AMENDING SECTIONS 45-2-101, 45-6-301, 45-6-309, 45-6-316, 45-6-317, 45-6-325, 45-6-332,
AND 45-6-345, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-2-101, MCA, is amended to read:
"45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in
the objective standard rather than in the subjective, and unless a different meaning plainly is required, the
following definitions apply in this title:
(1) "Acts" has its usual and ordinary meaning and includes any bodily movement, any form of
communication, and when relevant, a failure or omission to take action.
(2) "Administrative proceeding" means a proceeding the outcome of which is required to be based
on a record or documentation prescribed by law or in which a law or a regulation is particularized in its
application to an individual.
(3) "Another" means a person or persons other than the offender.
(4) (a) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or
advantage, including benefit to another person or entity in whose welfare the beneficiary is interested.
(b) Benefit does not include an advantage promised generally to a group or class of voters as a
consequence of public measures that a candidate engages to support or oppose.
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(5) "Bodily injury" means physical pain, illness, or an impairment of physical condition and includes
mental illness or impairment.
(6) "Child" or "children" means any individual or individuals under 18 years of age, unless a
different age is specified.
(7) "Cohabit" means to live together under the representation of being married.
(8) "Common scheme" means a series of acts or omissions resulting in a pecuniary loss to the
victim of at least $1,500, or $1,500 in value, motivated by a purpose to accomplish a single criminal objective or
by a common purpose or plan that results in the repeated commission of the same offense or that affects the
same person or the same persons or the property of the same person or persons.
(9) "Computer" means an electronic device that performs logical, arithmetic, and memory functions
by the manipulation of electronic or magnetic impulses and includes all input, output, processing, storage,
software, or communication facilities that are connected or related to that device in a system or network.
(10) "Computer network" means the interconnection of communication systems between computers
or computers and remote terminals.
(11) "Computer program" means an instruction or statement or a series of instructions or
statements, in a form acceptable to a computer, that in actual or modified form permits the functioning of a
computer or computer system and causes it to perform specified functions.
(12) "Computer services" include but are not limited to computer time, data processing, and storage
functions.
(13) "Computer software" means a set of computer programs, procedures, and associated
documentation concerned with the operation of a computer system.
(14) "Computer system" means a set of related, connected, or unconnected devices, computer
software, or other related computer equipment.
(15) "Conduct" means an act or series of acts and the accompanying mental state.
(16) "Conviction" means a judgment of conviction and sentence entered upon a plea of guilty or
nolo contendere or upon a verdict or finding of guilty of an offense rendered by a legally constituted jury or by a
court of competent jurisdiction authorized to try the case without a jury.
(17) "Correctional institution" means a state prison, detention center, multijurisdictional detention
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center, private detention center, regional correctional facility, private correctional facility, or other institution for
the incarceration of inmates under sentence for offenses or the custody of individuals awaiting trial or sentence
for offenses.
(18) "Deception" means knowingly to:
(a) create or confirm in another an impression that is false and that the offender does not believe
to be true;
(b) fail to correct a false impression that the offender previously has created or confirmed;
(c) prevent another from acquiring information pertinent to the disposition of the property involved;
(d) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or
other legal impediment to the enjoyment of the property, whether the impediment is or is not of value or is or is
not a matter of official record; or
(e) promise performance that the offender does not intend to perform or knows will not be
performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.
(19) "Defamatory matter" means anything that exposes a person or a group, class, or association to
hatred, contempt, ridicule, degradation, or disgrace in society or to injury to the person's or its business or
occupation.
(20) "Deprive" means:
(a) to withhold property of another:
(i) permanently;
(ii) for such a period as to appropriate a portion of its value; or
(iii) with the purpose to restore it only upon payment of reward or other compensation; or
(b) to dispose of the property of another and use or deal with the property so as to make it unlikely
that the owner will recover it.
(21) "Deviate sexual relations" means any form of sexual intercourse with an animal or dead human
body.
(22) "Document" means, with respect to offenses involving the medicaid program, any application,
claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, microfilm, or
other form.
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(23) "Felony" means an offense in which the sentence imposed upon conviction is death or
imprisonment in a state prison for a term exceeding 1 year.
(24) "Forcible felony" means a felony that involves the use or threat of physical force or violence
against any individual.
(25) A "frisk" is a search by an external patting of a person's clothing.
(26) "Government" includes a branch, subdivision, or agency of the government of the state or a
locality within it.
(27) "Harm" means loss, disadvantage, or injury or anything so regarded by the person affected,
including loss, disadvantage, or injury to a person or entity in whose welfare the affected person is interested.
(28) A "house of prostitution" means a place where prostitution or promotion of prostitution is
regularly carried on by one or more persons under the control, management, or supervision of another.
(29) "Human being" means a person who has been born and is alive.
(30) An "illegal article" is an article or thing that is prohibited by statute, rule, or order from being in
the possession of a person subject to official detention.
(31) "Inmate" means a person who is confined in a correctional institution.
(32) (a) "Intoxicating substance" means a controlled substance, as defined in Title 50, chapter 32,
and an alcoholic beverage, including but not limited to a beverage containing 1/2 of 1% or more of alcohol by
volume.
(b) Intoxicating substance does not include dealcoholized wine or a beverage or liquid produced
by the process by which beer, ale, port, or wine is produced if it contains less than 1/2 of 1% of alcohol by
volume.
(33) An "involuntary act" means an act that is:
(a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis or resulting from hypnotic suggestion; or
(d) a bodily movement that otherwise is not a product of the effort or determination of the actor,
either conscious or habitual.
(34) "Juror" means a person who is a member of a jury, including a grand jury, impaneled by a court
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in this state in an action or proceeding or by an officer authorized by law to impanel a jury in an action or
proceeding. The term "juror" also includes a person who has been drawn or summoned to attend as a
prospective juror.
(35) "Knowingly"--a person acts knowingly with respect to conduct or to a circumstance described
by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance
exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense
when the person is aware that it is highly probable that the result will be caused by the person's conduct. When
knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person
is aware of a high probability of its existence. Equivalent terms, such as "knowing" or "with knowledge", have
the same meaning.
(36) "Medicaid" means the Montana medical assistance program provided for in Title 53, chapter 6.
(37) "Medicaid agency" has the meaning in 53-6-155.
(38) "Medicaid benefit" means the provision of anything of pecuniary value to or on behalf of a
recipient under the medicaid program.
(39) (a) "Medicaid claim" means a communication, whether in oral, written, electronic, magnetic, or
other form:
(i) that is used to claim specific services or items as payable or reimbursable under the medicaid
program; or
(ii) that states income, expense, or other information that is or may be used to determine
entitlement to or the rate of payment under the medicaid program.
(b) The term includes related documents submitted as a part of or in support of the claim.
(40) "Mentally disordered" means that a person suffers from a mental disease or disorder that
renders the person incapable of appreciating the nature of the person's own conduct.
(41) "Mentally incapacitated" means that a person is rendered temporarily incapable of appreciating
or controlling the person's own conduct as a result of the influence of an intoxicating substance.
(42) "Misdemeanor" means an offense for which the sentence imposed upon conviction is
imprisonment in the county jail for a term or a fine, or both, or for which the sentence imposed is imprisonment
in a state prison for a term of 1 year or less.
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(43) "Negligently"--a person acts negligently with respect to a result or to a circumstance described
by a statute defining an offense when the person consciously disregards a risk that the result will occur or that
the circumstance exists or when the person disregards a risk of which the person should be aware that the
result will occur or that the circumstance exists. The risk must be of a nature and degree that to disregard it
involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's
situation. "Gross deviation" means a deviation that is considerably greater than lack of ordinary care. Relevant
terms, such as "negligent" and "with negligence", have the same meaning.
(44) "Nolo contendere" means a plea in which the defendant does not contest the charge or
charges against the defendant and neither admits nor denies the charge or charges.
(45) "Obtain" means:
(a) in relation to property, to bring about a transfer of interest or possession, whether to the
offender or to another; and
(b) in relation to labor or services, to secure the performance of the labor or service.
(46) "Obtains or exerts control" includes but is not limited to the taking, the carrying away, or the
sale, conveyance, or transfer of title to, interest in, or possession of property.
(47) "Occupied structure" means any building, vehicle, or other place suitable for human occupancy
or night lodging of persons or for carrying on business, whether or not a person is actually present, including
any outbuilding that is immediately adjacent to or in close proximity to an occupied structure and that is
habitually used for personal use or employment. Each unit of a building consisting of two or more units
separately secured or occupied is a separate occupied structure.
(48) "Offender" means a person who has been or is liable to be arrested, charged, convicted, or
punished for a public offense.
(49) "Offense" means a crime for which a sentence of death or of imprisonment or a fine is
authorized. Offenses are classified as felonies or misdemeanors.
(50) (a) "Official detention" means imprisonment resulting from a conviction for an offense,
confinement for an offense, confinement of a person charged with an offense, detention by a peace officer
pursuant to arrest, detention for extradition or deportation, or lawful detention for the purpose of the protection
of the welfare of the person detained or for the protection of society.
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(b) Official detention does not include supervision of probation or parole, constraint incidental to
release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical
force, or a weapon to escape.
(51) "Official proceeding" means a proceeding heard or that may be heard before a legislative, a
judicial, an administrative, or another governmental agency or official authorized to take evidence under oath,
including any referee, hearings examiner, commissioner, notary, or other person taking testimony or deposition
in connection with the proceeding.
(52) "Other state" means a state or territory of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(53) "Owner" means a person other than the offender who has possession of or other interest in the
property involved, even though the interest or possession is unlawful, and without whose consent the offender
has no authority to exert control over the property.
(54) "Party official" means a person who holds an elective or appointive post in a political party in
the United States by virtue of which the person directs or conducts or participates in directing or conducting
party affairs at any level of responsibility.
(55) "Peace officer" means a person who by virtue of the person's office or public employment is
vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope
of the person's authority.
(56) "Pecuniary benefit" is benefit in the form of money, property, commercial interests, or anything
else the primary significance of which is economic gain.
(57) "Person" includes an individual, business association, partnership, corporation, government, or
other legal entity and an individual acting or purporting to act for or on behalf of a government or subdivision of
government.
(58) "Physically helpless" means that a person is unconscious or is otherwise physically unable to
communicate unwillingness to act.
(59) "Possession" is the knowing control of anything for a sufficient time to be able to terminate
control.
(60) "Premises" includes any type of structure or building and real property.
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(61) "Property" means a tangible or intangible thing of value. Property includes but is not limited to:
(a) real estate;
(b) money;
(c) commercial instruments;
(d) admission or transportation tickets;
(e) written instruments that represent or embody rights concerning anything of value, including
labor or services, or that are otherwise of value to the owner;
(f) things growing on, affixed to, or found on land and things that are part of or affixed to a
building;
(g) electricity, gas, and water;
(h) birds, animals, and fish that ordinarily are kept in a state of confinement;
(i) food and drink, samples, cultures, microorganisms, specimens, records, recordings,
documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes, or
models thereof;
(j) other articles, materials, devices, substances, and whole or partial copies, descriptions,
photographs, prototypes, or models thereof that constitute, represent, evidence, reflect, or record secret
scientific, technical, merchandising, production, or management information or a secret designed process,
procedure, formula, invention, or improvement; and
(k) electronic impulses, electronically processed or produced data or information, commercial
instruments, computer software or computer programs, in either machine- or human-readable form, computer
services, any other tangible or intangible item of value relating to a computer, computer system, or computer
network, and copies thereof.
(62) "Property of another" means real or personal property in which a person other than the offender
has an interest that the offender has no authority to defeat or impair, even though the offender may have an
interest in the property.
(63) "Public place" means a place to which the public or a substantial group has access.
(64) (a) "Public servant" means an officer or employee of government, including but not limited to
legislators, judges, and firefighters, and a person participating as a juror, adviser, consultant, administrator,
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executor, guardian, or court-appointed fiduciary. The term "public servant" includes one who has been elected
or designated to become a public servant.
(b) The term does not include witnesses.
(65) "Purposely"--a person acts purposely with respect to a result or to conduct described by a
statute defining an offense if it is the person's conscious object to engage in that conduct or to cause that result.
When a particular purpose is an element of an offense, the element is established although the purpose is
conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the
offense. Equivalent terms, such as "purpose" and "with the purpose", have the same meaning.
(66) (a) "Serious bodily injury" means bodily injury that:
(i) creates a substantial risk of death;
(ii) causes serious permanent disfigurement or protracted loss or impairment of the function or
process of a bodily member or organ; or
(iii) at the time of injury, can reasonably be expected to result in serious permanent disfigurement
or protracted loss or impairment of the function or process of a bodily member or organ.
(b) The term includes serious mental illness or impairment.
(67) "Sexual contact" means touching of the sexual or other intimate parts of the person of another,
directly or through clothing, in order to knowingly or purposely:
(a) cause bodily injury to or humiliate, harass, or degrade another; or
(b) arouse or gratify the sexual response or desire of either party.
(68) (a) "Sexual intercourse" means penetration of the vulva, anus, or mouth of one person by the
penis of another person, penetration of the vulva or anus of one person by a body member of another person,
or penetration of the vulva or anus of one person by a foreign instrument or object manipulated by another
person to knowingly or purposely:
(i) cause bodily injury or humiliate, harass, or degrade; or
(ii) arouse or gratify the sexual response or desire of either party.
(b) For purposes of subsection (68)(a), any penetration, however slight, is sufficient.
(69) "Solicit" or "solicitation" means to command, authorize, urge, incite, request, or advise another
to commit an offense.
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(70) "State" or "this state" means the state of Montana, all the land and water in respect to which the
state of Montana has either exclusive or concurrent jurisdiction, and the air space above the land and water.
(71) "Statute" means an act of the legislature of this state.
(72) "Stolen property" means property over which control has been obtained by theft.
(73) A "stop" is the temporary detention of a person that results when a peace officer orders the
person to remain in the peace officer's presence.
(74) "Tamper" means to interfere with something improperly, meddle with it, make unwarranted
alterations in its existing condition, or deposit refuse upon it.
(75) "Telephone" means any type of telephone, including but not limited to a corded, uncorded,
cellular, or satellite telephone.
(76) "Threat" means a menace, however communicated, to:
(a) inflict physical harm on the person threatened or any other person or on property;
(b) subject any person to physical confinement or restraint;
(c) commit a criminal offense;
(d) accuse a person of a criminal offense;
(e) expose a person to hatred, contempt, or ridicule;
(f) harm the credit or business repute of a person;
(g) reveal information sought to be concealed by the person threatened;
(h) take action as an official against anyone or anything, withhold official action, or cause the
action or withholding;
(i) bring about or continue a strike, boycott, or other similar collective action if the person making
the threat demands or receives property that is not for the benefit of groups that the person purports to
represent; or
(j) testify or provide information or withhold testimony or information with respect to another's legal
claim or defense.
(77) (a) "Value" means the market value of the property at the time and place of the crime or, if the
market value cannot be satisfactorily ascertained, the cost of the replacement of the property within a
reasonable time after the crime. If the offender appropriates a portion of the value of the property, the value
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must be determined as follows:
(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or
promissory note, is considered the amount due or collectible. The figure is ordinarily the face amount of the
indebtedness less any portion of the indebtedness that has been satisfied.
(ii) The value of any other instrument that creates, releases, discharges, or otherwise affects any
valuable legal right, privilege, or obligation is considered the amount of economic loss that the owner of the
instrument might reasonably suffer by virtue of the loss of the instrument.
(iii) The value of electronic impulses, electronically produced data or information, computer
software or programs, or any other tangible or intangible item relating to a computer, computer system, or
computer network is considered to be the amount of economic loss that the owner of the item might reasonably
suffer by virtue of the loss of the item. The determination of the amount of economic loss includes but is not
limited to consideration of the value of the owner's right to exclusive use or disposition of the item.
(b) When it cannot be determined if the value of the property is more or less than $1,500 by the
standards set forth in subsection (77)(a), its value is considered to be an amount less than $1,500.
(c) Amounts involved in thefts committed pursuant to a common scheme or the same transaction,
whether from the same person or several persons, may be aggregated in determining the value of the property.
(78) "Vehicle" means a device for transportation by land, water, or air or by mobile equipment, with
provision for transport of an operator.
(79) "Weapon" means an instrument, article, or substance that, regardless of its primary function, is
readily capable of being used to produce death or serious bodily injury.
(80) "Witness" means a person whose testimony is desired in an official proceeding, in any
investigation by a grand jury, or in a criminal action, prosecution, or proceeding."
Section 2. Section 45-6-301, MCA, is amended to read:
"45-6-301. Theft. (1) A person commits the offense of theft when the person purposely or knowingly
obtains or exerts unauthorized control over property of the owner and:
(a) has the purpose of depriving the owner of the property;
(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the
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owner of the property; or
(c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment
probably will deprive the owner of the property.
(2) A person commits the offense of theft when the person purposely or knowingly obtains by
threat or deception control over property of the owner and:
(a) has the purpose of depriving the owner of the property;
(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the
owner of the property; or
(c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment
probably will deprive the owner of the property.
(3) A person commits the offense of theft when the person purposely or knowingly obtains control
over stolen property knowing the property to have been stolen by another and:
(a) has the purpose of depriving the owner of the property;
(b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the
owner of the property; or
(c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment
probably will deprive the owner of the property.
(4) A person commits the offense of theft when the person purposely or knowingly obtains or
exerts unauthorized control over any part of any public assistance provided under Title 52 or 53 by a state or
county agency, regardless of the original source of assistance, by means of:
(a) a knowingly false statement, representation, or impersonation; or
(b) a fraudulent scheme or device.
(5) A person commits the offense of theft when the person purposely or knowingly obtains or
exerts or helps another obtain or exert unauthorized control over any part of any benefits provided under Title
39, chapter 51 or 71, by means of:
(a) a knowingly false statement, representation, or impersonation; or
(b) deception or other fraudulent action.
(6) A person commits the offense of theft of property by embezzlement when, with the purpose to
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deprive the owner of the property, the person:
(a) purposely or knowingly obtains or exerts unauthorized control over property of the person's
employer or over property entrusted to the person; or
(b) purposely or knowingly obtains by deception control over property of the person's employer or
over property entrusted to the person.
(7) (a) Except as provided in subsections (7)(b), and (7)(d), and (7)(e), a person convicted of a first
or second offense of the offense of theft of property not exceeding $1,500 in value shall be fined an amount not
to exceed $500. $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, 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 $1,500 and be imprisoned in the county jail for a term of not less than 5 30 days
or more than 1 year. 6 months.
(b) (i) Except as provided in subsections (7)(c) and (7)(e), (7)(d), a person convicted of the offense
of theft of 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.
(ii) A person convicted of the theft of property exceeding $5,000 in value or as part of a common
scheme as defined in 45-2-101, or the theft of any amount of anhydrous ammonia for the purpose of
manufacturing dangerous drugs, shall be fined an amount not to exceed $10,000 $50,000 or be imprisoned in a
state prison for a term not to exceed 10 years, or both.
(iii)(ii) A person convicted of the theft of any commonly domesticated hoofed animal shall be fined an
amount of not less than $5,000 or more than $50,000 or be imprisoned in a state prison for a term not to
exceed 10 years, 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.
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(c) A person convicted of the offense of theft of property exceeding $10,000 in value by
embezzlement shall be imprisoned in a state prison for a term of not less than 1 year or more than 10 years
and may be fined an amount not to exceed $50,000. The court may, in its discretion, place the person on
probation with the requirement that restitution be made under terms set by the court. If the terms are not met,
the required prison term may be ordered.
(d) A person convicted of a first offense for the offense of theft of property not exceeding $1,500 in
value and who utilized an emergency exit in furtherance of that 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. On a second conviction, the
offender shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to
exceed 1 year, or both. On a third conviction, the offender shall be fined an amount not to exceed $5,000 and
be imprisoned in the county jail for a term of not less than 5 days or more than 1 year.
(e)(d) A person convicted of the offense of theft of property of a light vehicle, as defined in 61-1-101,
shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10
years, or both.
(8) Amounts involved in thefts committed pursuant to a common scheme or the same transaction,
whether from the same person or several persons, may be aggregated in determining the value of the property.
(9) A person convicted of the offense of theft of property not exceeding $100 in value is presumed
to qualify for a deferred imposition of sentence as long as the person has not been convicted of a misdemeanor
or felony offense in the past 5 years."
Section 3. Section 45-6-309, MCA, is amended to read:
"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.
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(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 or
registered 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 10 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 rented 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."
Section 4. Section 45-6-316, MCA, is amended to read:
"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 $1,500 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
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than 1 year and may be fined an amount not to exceed $500. If the offender has engaged in issuing bad checks
that are part of a common scheme or if the value of any property, labor, or services obtained or attempted to be
obtained exceeds $1,500, the offender 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.
(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."
Section 5. Section 45-6-317, MCA, is amended to read:
"45-6-317. Deceptive practices. (1) A person commits the offense of deceptive practices when the
person purposely or knowingly:
(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;
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(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 $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. If the
deceptive practices are part of a common scheme or the value of any property, labor, or services obtained or
attempted to be obtained exceeds $1,500, the offender 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. 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."
Section 6. Section 45-6-325, MCA, is amended to read:
"45-6-325. Forgery. (1) A person commits the offense of forgery when with purpose to defraud the
person knowingly:
(a) without authority makes or alters a document or other object apparently capable of being used
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to defraud another in a manner that it purports to have been made by another or at another time or with
different provisions or of different composition;
(b) issues or delivers the document or other object knowing it to have been thus made or altered;
(c) possesses with the purpose of issuing or delivering any such document or other object knowing
it to have been thus made or altered; or
(d) possesses with knowledge of its character any plate, die, or other device, apparatus,
equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments.
(2) A purpose to defraud means the purpose of causing another to assume, create, transfer, alter,
or terminate any right, obligation, or power with reference to any person or property.
(3) A document or other object capable of being used to defraud another includes but is not limited
to one by which any right, obligation, or power with reference to any person or property may be created,
transferred, altered, or terminated.
(4) (a) A person convicted of the offense of forgery if the value of the property, labor, or services
obtained or attempted to be obtained does not exceed $1,500 shall be fined an amount not to exceed $500
$1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. If the forgery is part of a
common scheme or if the value of the property, labor, or services obtained or attempted to be obtained
exceeds $1,500, the offender shall be fined an amount not to exceed $50,000 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 $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 forgery for which the value of the property, labor, or
services obtained or attempted to be obtained exceeds $1,500 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.
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(c) A person convicted of the offense of forgery for which the value of the property, labor, or
services obtained or attempted to be obtained exceeds $5,000 in value or is 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."
Section 7. Section 45-6-332, MCA, is amended to read:
"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. $1,500, imprisoned in the county jail for a term not to
exceed 6 months, or both. 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 of
$1,500 or more 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 $10,000, 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
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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."
Section 8. Section 45-6-345, MCA, is amended to read:
"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."
Section 9. Coordination instruction. If both House Bill No. 532 and [this act] are passed and
approved and if both contain a section that amends 45-6-332, then the sections amending 45-6-332 must be
replaced with:
"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) (i) 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
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gained shall be fined an amount not to exceed $500 $1,500, imprisoned in the county jail for a term not to
exceed 6 months, or both. 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.
(ii) If the victim is a minor, incapacitated person, or vulnerable adult, the offender shall be fined in
an amount not to exceed $3,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
(b) (i) A person convicted of the offense of theft of identity if an economic benefit that exceeds of
$1,500 and does not exceed $5,000 or more was gained or was attempted to be gained shall be fined an
amount not to exceed $5,000 $10,000, 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.
(ii) If the victim is a minor, incapacitated person, or vulnerable adult, 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.
(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
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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."
Section 10. Effective date. [This act] is effective July 1, 2025.
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I hereby certify that the within bill,
SB 19, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 19
INTRODUCED BY B. USHER
BY REQUEST OF THE LAW AND JUSTICE INTERIM COMMITTEE
AN ACT GENERALLY REVISING SENTENCING LAWS FOR THEFT, FAILURE TO RETURN RENTED OR
LEASED PERSONAL PROPERTY, ISSUING A BAD CHECK, DECEPTIVE PRACTICES, FORGERY, AND
THEFT OF IDENTITY; REVISING THE DEFINITION OF COMMON SCHEME; RAISING THE PENALTY
THRESHOLDS FOR OFFENSES INVOLVING THEFT, FAILURE TO RETURN RENTED OR LEASED
PERSONAL PROPERTY, ISSUING A BAD CHECK, DECEPTIVE PRACTICES, FORGERY, AND THEFT OF
IDENTITY; AMENDING SECTIONS 45-2-101, 45-6-301, 45-6-309, 45-6-316, 45-6-317, 45-6-325, 45-6-332,
AND 45-6-345, MCA; AND PROVIDING AN EFFECTIVE DATE.