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Can you summarize MTCO 45-6-316?
Theft and Related Offenses > Issuing a bad check
Short Summary
This legal document, found in the Montana Code under the section ‘Crimes’, specifically addresses the offense of issuing a bad check. It states that a person commits this offense when they knowingly issue or deliver a check or other order for payment of money, whether real or fictitious, to a depository, with the knowledge that it will not be paid. The document outlines different penalties based on the value of the bad check. For checks not exceeding $500 in value, the offender may be fined up to $500 for a first offense, up to $500 or imprisoned for up to 6 months for a second offense, and imprisoned for a term of not less than 5 days or more than 1 year for a third or subsequent offense. For checks exceeding $500 but not exceeding $5,000 in value, the penalties include fines up to $1,500 and imprisonment in the state prison for varying terms depending on the offense. For checks exceeding $5,000 in value or part of a common scheme, the penalties include fines up to $10,000 and imprisonment in the state prison for up to 10 years.
Whom does it apply to?
Any person who issues or delivers a check or other order upon a real or fictitious depository for the payment of money
What does it govern?
Issuing a bad check
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
For a first offense not exceeding $500 in value: fine up to $500. For a second offense not exceeding $500 in value: fine up to $500 or imprisonment in the county jail for up to 6 months, or both. For a third or subsequent offense not exceeding $500 in value: imprisonment in the county jail for a term of not less than 5 days or more than 1 year and a fine up to $500. For a first offense exceeding $500 but not exceeding $5,000 in value: fine up to $1,500 or imprisonment in the state prison for up to 3 years, or both. For a second offense exceeding $500 but not exceeding $5,000 in value: fine up to $1,500 or imprisonment in the state prison for up to 5 years, or both. For a third or subsequent offense exceeding $500 but not exceeding $5,000 in value: imprisonment in the state prison for a term of not less than 2 years or more than 5 years and a fine up to $5,000. For a bad check exceeding $5,000 in value or as part of a common scheme: fine up to $10,000 or imprisonment in the state prison for up to 10 years.
Jurisdiction
Montana