Montana Code 45-6-325. Forgery
45-6-325. Forgery. (1) A person commits the offense of forgery when with purpose to defraud the person knowingly:
Terms Used In Montana Code 45-6-325
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)without authority makes or alters a document or other object apparently capable of being used to defraud another in a manner that it purports to have been made by another or at another time or with different provisions or of different composition;
(b)issues or delivers the document or other object knowing it to have been thus made or altered;
(c)possesses with the purpose of issuing or delivering any such document or other object knowing it to have been thus made or altered; or
(d)possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments.
(2)A purpose to defraud means the purpose of causing another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property.
(3)A document or other object capable of being used to defraud another includes but is not limited to one by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated.
(4)(a) A person convicted of the offense of forgery if the value of the property, labor, or services obtained or attempted to be obtained does not exceed $1,500 shall be fined an amount not to exceed $500. A person convicted of a second offense shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be fined an amount not to exceed $500 and be imprisoned in the county jail for a term of not less than 5 days or more than 1 year.
(b)A person convicted of the offense of forgery for which the value of the property, labor, or services obtained or attempted to be obtained exceeds $1,500 and does not exceed $5,000 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 3 years, or both. A person convicted of a second offense shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 5 years, or both. A person convicted of a third or subsequent offense shall be imprisoned in the state prison for a term of not less than 2 years or more than 5 years and may be fined an amount not to exceed $5,000.
(c)A person convicted of the offense of forgery for which the value of the property, labor, or services obtained or attempted to be obtained exceeds $5,000 in value or is part of a common scheme shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.