45-6-106. Criminal mischief damage to rental property, MCA

Montana Code Annotated 2017

TITLE 45. CRIMES

CHAPTER 6. OFFENSES AGAINST PROPERTY

Part 1. Criminal Mischief and Arson

Criminal Mischief Damage To Rental Property

45-6-106. Criminal mischief damage to rental property. (1) A tenant commits the offense of criminal mischief damage to rental property if the tenant purposely or knowingly destroys, defaces, damages, impairs, or removes any part of the premises with a value of at least $1,000 or permits any person to do so in violation of 70-24-321(2) or 70-33-321(3).

(2) A person convicted of the offense of criminal mischief damage to rental property shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) A person convicted of criminal mischief damage to rental property must be ordered to make restitution in an amount and manner to be set by the court pursuant to 46-18-201(5) and 46-18-241 through 46-18-249.

(4) A prosecution under this section is independent of and does not constitute a waiver of any of the rights, duties, obligations, and remedies otherwise provided for under Title 70, chapter 24 or 33.

(5) A person convicted of criminal mischief damage to rental property under this section is not subject to the provisions of 45-6-101.

History: En. Sec. 1, Ch. 466, L. 2009; amd. Sec. 1, Ch. 220, L. 2011.