Felony Theft Amount and Penalties in Montana

Theft becomes a felony when the value of the property exceeds $1,500: fine not to exceed $50,000, imprisonment in a state prison for a term not to exceed 10 years, or both (§ 45-6-301(7)(b)(i)); any amount of anhydrous ammonia stolen to manufacture dangerous drugs is also in this tier. Property not exceeding $1,500 (misdemeanor): first or second offense — fine not to exceed $1,500, county jail not to exceed 6 months, or both; third or subsequent offense — a $1,500 fine and 30 days to 6 months in county jail (§ 45-6-301(7)(a)). Theft of hoofed animals, embezzlement over $10,000 (not less than 1 year or more than 10 years) and theft of a light vehicle (up to $50,000 and/or up to 10 years) have their own felony penalties.

Montana does not grade felonies into classes or degrees; each offense statute sets its own penalty. A 'felony' is an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year (§ 45-2-101(23)). When an offense is designated a felony and no penalty is otherwise provided, the court may sentence the offender to any term not to exceed 10 years in the state prison, a fine not to exceed $50,000, or both (§ 46-18-213).

Montana does not grade misdemeanors into classes. A 'misdemeanor' is an offense for which the sentence imposed upon conviction is imprisonment in the county jail for a term or a fine, or both, or imprisonment in a state prison for a term of 1 year or less (§ 45-2-101(42)). When an offense is designated a misdemeanor and no penalty is otherwise provided, the court may impose a term not to exceed 6 months in the county jail, a fine not to exceed $500, or both (§ 46-18-212).