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Current as of January 01, 2024 | Updated by Findlaw Staff
(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(ii) using a credit card that has been revoked or canceled;
(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.
Cite this article: FindLaw.com - Montana Title 45. Crimes § 45-6-317. Deceptive practices - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-45-crimes/mt-st-45-6-317/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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