80-7-1014. Penalty. (1) Except as provided in subsection (2), the following penalties apply:
     (a) The offense of negligently violating the provisions of 80-7-1010 through 80-7-1012 or rules adopted under 80-7-1010 through 80-7-1012 pertaining to an invasive species management area is a misdemeanor punishable by a fine not to exceed $500.
     (b) The offense of purposely or knowingly violating the provisions of 80-7-1010 through 80-7-1012 or rules adopted under 80-7-1010 through 80-7-1012 pertaining to an invasive species management area is a misdemeanor punishable by a fine not to exceed $1,000.
     (c) Purposely or knowingly attempting to introduce an invasive species in Montana is a felony. Any person found guilty under this subsection (1)(c) is subject to a criminal penalty of up to 2 years in prison, a fine not to exceed $5,000, or both. A person convicted of violating this subsection (1)(c) may also be required to pay restitution for any cost incurred to mitigate the effect of the violation.
     (d) A civil penalty not to exceed $250 may be imposed on any person who violates any other provision of 80-7-1010 through 80-7-1012 or rules adopted under 80-7-1010 through 80-7-1012 not enumerated in subsections (1)(a) through (1)(c).
     (2) A warning without penalty may be issued to any person violating the provisions of 80-7-1010 through 80-7-1012 or rules adopted under 80-7-1010 through 80-7-1012 if it is determined that a warning best serves the public interest.
     (3) Civil penalties collected under this section must be deposited in the general fund.

     History: En. Sec. 14, Ch. 429, L. 2009.