87-6-302. Unlawful procurement of license, permit, or tag. (1) A person may not:

Terms Used In Montana Code 87-6-302

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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)subscribe to or make any materially false statement on an application or license. Any materially false statement contained in an application renders the license issued pursuant to it void.

(b)purchase or apply for a hunting, fishing, or trapping license without first having obtained a conservation license pursuant to 87-2-201; or

(c)purposely or knowingly assist an unqualified applicant in obtaining a resident license.

(2)A license agent may not sell any hunting, fishing, or trapping license to:

(a)an applicant who fails to produce the required identification at the time of application for licensure pursuant to 87-2-106(1) and 87-2-202(1); or

(b)a person who does not present the person’s conservation license at the time of application for the license.

(3)A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, except as provided in subsection (4), the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.

(4)A person convicted under subsection (1)(a) of unlawfully procuring a replacement license, permit, or tag shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless a court imposes a longer period. For each subsequent violation, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for the same period of time imposed by the court for the person’s previous violation plus an additional 24 months.