Montana Code Annotated 2023

TITLE 49. HUMAN RIGHTS

CHAPTER 4. RIGHTS OF PERSONS WITH DISABILITIES

Part 2. Rights of the Physically Disabled

Misrepresentation Of A Service Animal -- Misdemeanor -- Penalty

49-4-222. Misrepresentation of a service animal -- misdemeanor -- penalty. (1) A person who misrepresents a service animal as provided in 49-4-221 may be found guilty of a misdemeanor if:

(a) the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and

(b) the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.

(2) A person who violates subsection (1) shall be punished as follows:

(a) for a first offense, a fine of $50;

(b) for a second offense, a fine of not less than $75 or more than $200; and

(c) for a third or subsequent offense, a fine of not less than $100 or more than $1,000.

(3) In addition to the penalty provided in subsection (2), a person convicted of the offense of misrepresentation of a service animal under subsection (1) may be required to perform community service for an organization that advocates on the behalf of persons with disabilities.

History: En. Sec. 4, Ch. 361, L. 2019.