{"data":{"id":"us-mt/30-14-1414","jurisdiction":"us-mt","citation":"30-14-1414","heading":"Penalties -- misdemeanor and felony violations -- burden of proof.","body":"(1) (a) A person who fails to follow the requirements of 30-14-1404, 30-14-1408, 30-14-1410, 30-14-1411, or 30-14-1412 commits the offense of failure to comply with the requirements of this part. Except as otherwise provided in 30-14-1411, this offense is specifically intended to be an absolute liability offense as provided for in 45-2-104.\n(b) A person convicted of the offense of failure to comply with the requirements of this part shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.\n(c) Upon a second or subsequent conviction for the offense of failure to comply with the requirements of this part, a person shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.\n(2) (a) A person commits the offense of telemarketing fraud when the person knowingly violates this part with the purpose of depriving an owner of property.\n(b) A person convicted of the offense of telemarketing fraud in which the value of the property does not exceed $500 shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.\n(c) A person convicted of the offense of telemarketing fraud in which the value of the property exceeds $500 or the person has engaged in telemarketing fraud as part of a common scheme shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.\n(3) In any criminal proceeding alleging a violation of this part, the burden of producing evidence to support a defense based on an exemption under 30-14-1405 or an exception from a definition in 30-14-1403 is on the person claiming the exemption or exception.","path":["TITLE 30. TRADE AND COMMERCE","CHAPTER 14. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION","Part 14. Montana Telemarketing Registration and Fraud Prevention Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0140/section_0140/0300-0140-0140-0140.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:51:38Z","sha256":"eaefb6ab9d3dedea561274a4511ebfa099b35a10d99b0d07008ba0f1060bcda0","source_id":"us-mt","stale":false,"prev":"us-mt/30-14-1413","next":"us-mt/30-14-1501"},"notice":"GroundRules: Original legal text. Not legal advice."}