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State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Montana Mont. Code Ann. § 3-1-317 User Surcharge for Court Information Technology--Exception
Except as provided in subsection (2), all courts of original jurisdiction shall impose: (a) on a defendant in criminal cases, a $10 user surcharge upon conviction for any conduct made
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criminal by state statute or upon forfeiture of bond or bail… (2) If a court determines that a defendant in a criminal case...is unable to pay the surcharge, the court may waive payment of the surcharge imposed by this section.
$10 All Yes Court No
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Montana Mont. Code Ann. § 3-1-318 Surcharges Upon Certain Criminal Convictions -- Exception
Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under
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state statute or who forfeits bond.
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Montana Mont. Code Ann. § 3-1-511 Procedure -- Contempt Committed in Presence of Court
A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a
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term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.
$0 - $500 All No Court No
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Montana Mont. Code Ann. § 3-1-520 Penalty to Compel Performance
When the sanction imposed for a contempt seeks to compel the contemnor to perform an act that is in the power of the contemnor to perform, the contemnor may be
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incarcerated, subjected to a fine in an amount not to exceed $500, or both, until the contemnor has performed the act.
$0 - $500 All No Court No
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Montana Mont. Code Ann. § 13-35-207 Deceptive Election Practices
A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable,
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whenever the person (1) falsely represents the person's name or other information required upon the person's registry card and causes registration with the card; (2) signs a registry card knowingly witnessing any false or misleading statement; (3) knowingly causes a false statement, certificate, or return of any kind to be signed; (4) falsely makes a declaration or certificate of nomination; (5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false; (6) forges or falsely makes the official endorsement of a ballot; (7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held; (8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held; (9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or (10) makes a false oath or affidavit where an oath or affidavit is required by law.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-202
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Montana Mont. Code Ann. § 13-35-207 Deceptive Election Practices
A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable,
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whenever the person (1) falsely represents the person's name or other information required upon the person's registry card and causes registration with the card; (2) signs a registry card knowingly witnessing any false or misleading statement; (3) knowingly causes a false statement, certificate, or return of any kind to be signed; (4) falsely makes a declaration or certificate of nomination; (5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false; (6) forges or falsely makes the official endorsement of a ballot; (7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held; (8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held; (9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or (10) makes a false oath or affidavit where an oath or affidavit is required by law.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-203
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Montana Mont. Code Ann. § 13-35-207 Deceptive Election Practices
A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable,
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whenever the person (1) falsely represents the person's name or other information required upon the person's registry card and causes registration with the card; (2) signs a registry card knowingly witnessing any false or misleading statement; (3) knowingly causes a false statement, certificate, or return of any kind to be signed; (4) falsely makes a declaration or certificate of nomination; (5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false; (6) forges or falsely makes the official endorsement of a ballot; (7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held; (8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held; (9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or (10) makes a false oath or affidavit where an oath or affidavit is required by law.
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-7-208
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Montana Mont. Code Ann. § 13-35-203 Interference with Officials
A person who, in any manner, interferes with the officers holding an election or conducting a canvass so as to prevent the election or canvass from being fairly held and
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lawfully conducted is guilty of obstruction of a public servant and is punishable as provided in 45-7-302.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-302
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Montana Mont. Code Ann. § 13-35-204 Official Misconduct
A person charged with performance of any duty under the provisions of the election laws of this state is guilty of official misconduct and is punishable as provided in 45-7-401
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whenever the person: (1) knowingly neglects or refuses to perform that duty; or (2) knowingly or fraudulently acts, in the person's official capacity, in contravention or violation of the election laws.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-401
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Montana Mont. Code Ann. § 13-35-205 Tampering with Election Records and Information
A person is guilty of tampering with public records or information and is punishable as provided in 45-7-208 whenever the person: (1) suppresses any declaration or certificate of nomination that
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has been filed; (2) purposely causes a vote to be incorrectly recorded as to the candidate or ballot issue voted on; (3) in an election return, knowingly adds to or subtracts from the votes actually cast at the election; (4) changes any ballot after it has been completed by the elector; (5) adds a ballot to those legally polled at an election, either before or after the ballots have been counted, with the purpose of changing the result of the election; (6) causes a name to be placed on the registry lists other than in the manner provided by this title; or (7) changes a poll list or checklist.
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-7-208
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Montana Mont. Code Ann. § 13-35-206 Injury to Election Equipment, Materials and Records
A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person:
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(1) prior to or on election day, knowingly defaces or destroys any list of candidates posted in accordance with the provisions of the law; (2) during an election: (a) removes or defaces instructions for the voters; or (b) removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter's ballot; (3) removes any ballots from the polling place before the closing of the polls with the purpose of changing the result of the election; (4) carries away or destroys any poll lists, checklists, ballots, ballot boxes, or other equipment for the purpose of disrupting or invalidating an election; (5) knowingly detains, mutilates, alters, or destroys any election returns; (6) mutilates, secretes, destroys, or alters election records, except as provided by law; (7) tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election; (8) mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or (9) fraudulently defaces or destroys a declaration or certificate of nomination.
Unlimited maximum amount; Penalty provided under Mont. Code Ann. § 45-6-101(2)
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Montana Mont. Code Ann. § 13-35-206 Injury to Election Equipment, Materials and Records
A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person:
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(1) prior to or on election day, knowingly defaces or destroys any list of candidates posted in accordance with the provisions of the law; (2) during an election: (a) removes or defaces instructions for the voters; or (b) removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter's ballot; (3) removes any ballots from the polling place before the closing of the polls with the purpose of changing the result of the election; (4) carries away or destroys any poll lists, checklists, ballots, ballot boxes, or other equipment for the purpose of disrupting or invalidating an election; (5) knowingly detains, mutilates, alters, or destroys any election returns; (6) mutilates, secretes, destroys, or alters election records, except as provided by law; (7) tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election; (8) mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or (9) fraudulently defaces or destroys a declaration or certificate of nomination.
$0 - $1500

Penalty provided under Mont. Code Ann. § 45-6-101(3)
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Montana Mont. Code Ann. § 13-35-206 Injury to Election Equipment, Materials and Records
A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person:
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(1) prior to or on election day, knowingly defaces or destroys any list of candidates posted in accordance with the provisions of the law; (2) during an election: (a) removes or defaces instructions for the voters; or (b) removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter's ballot; (3) removes any ballots from the polling place before the closing of the polls with the purpose of changing the result of the election; (4) carries away or destroys any poll lists, checklists, ballots, ballot boxes, or other equipment for the purpose of disrupting or invalidating an election; (5) knowingly detains, mutilates, alters, or destroys any election returns; (6) mutilates, secretes, destroys, or alters election records, except as provided by law; (7) tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election; (8) mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or (9) fraudulently defaces or destroys a declaration or certificate of nomination.
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-6-101(3)
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Montana Mont. Code Ann. § 13-35-206 Injury to Election Equipment, Materials and Records
A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person:
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(1) prior to or on election day, knowingly defaces or destroys any list of candidates posted in accordance with the provisions of the law; (2) during an election: (a) removes or defaces instructions for the voters; or (b) removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter's ballot; (3) removes any ballots from the polling place before the closing of the polls with the purpose of changing the result of the election; (4) carries away or destroys any poll lists, checklists, ballots, ballot boxes, or other equipment for the purpose of disrupting or invalidating an election; (5) knowingly detains, mutilates, alters, or destroys any election returns; (6) mutilates, secretes, destroys, or alters election records, except as provided by law; (7) tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election; (8) mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or (9) fraudulently defaces or destroys a declaration or certificate of nomination.
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-7-208
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Montana Mont. Code Ann. § 13-35-220 Bribing Members of Political Gatherings
(1) No person may give or offer a bribe to any officer or member of any legislative caucus, political convention, or political gathering of any kind held for the purpose
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of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another. No person who is a member of any of the bodies mentioned in this section may receive or offer to receive any such bribe. (2) A violation of this section is punishable as provided in 45-7-101(3).
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-7-101(3)
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Montana Mont. Code Ann. § 13-35-240 Voluntary filing of broadcast campaign materials--affidavit--penalty
(1)(a) A political committee not organized by or on behalf of a candidate may file with the commissioner of political practices a copy of a campaign script intended for broadcast
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advertising. (b) The committee's authorized agent may sign an affidavit swearing that the content of the script is true and verifiable and may file supporting documentation. (2)(a) Scripts and affidavits must be filed in the manner prescribed by the commissioner of political practices. (b) The commissioner of political practices shall file the scripts, affidavits, and any documentation in a manner that allows for them to be readily inspected. (3)(a) Any person who believes that the content of a script filed pursuant to this section is either untrue or unverifiable may bring the matter to the attention of the county attorney of the county in which the person is a resident. (b) The county attorney may investigate the alleged falsification or unverifiability of the script and, if the county attorney determines that sufficient evidence exists to justify a criminal prosecution, shall file a cause of action. (c) An allegation of violation of subsection (1) may not be filed with, investigated by, or prosecuted by the commissioner of political practices. (4) A person filing an affidavit under this section is subject to the penalty for false swearing under 45-7-202, except that the fine may not exceed $5,000.
$0 - $5000 All No Court No
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Montana Mont. Code Ann. § 23-2-507(2) Penalty If 23-2-525(4) is violated, 46-18-241 through 46-18-249 apply, except that the sentencing court shall order restitution and shall do so regardless of the court's disposition of the violator.
Offender must make full restitution to any victim who has sustained a pecuniary loss.
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Montana Mont. Code Ann. § 46-18-111 Presentence Investigation--when required
The court shall order a presentence investigation report unless the court makes a finding that a report is unnecessary. Unless the court makes that finding, a defendant convicted of any
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offense not enumerated in subsection (1) that may result in incarceration for 1 year or more may not be sentenced before a written presentence investigation report by a probation and parole officer is presented to and considered by the district court. The district court may order a presentence investigation for a defendant convicted of a misdemeanor only if the defendant was convicted of a misdemeanor that the state originally charged as a sexual or violent offense as defined in 46-23-502. The defendant shall pay to the department of corrections a $50 fee at the time that the report is completed, unless the court determines that the defendant is not able to pay the fee within a reasonable time. The fee may be retained by the department and used to finance contracts entered into under 53-1-203(5).
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Montana Mont. Code Ann. § 46-18-111 Presentence Investigation--when required
Upon the acceptance of a plea or upon a verdict or finding of guilty to one or more felony offenses, the district court shall direct the probation officer to make
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a presentence investigation and report. The district court shall consider the presentence investigation report prior to sentencing. If the defendant was convicted of an offense under 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), 45-5-625, 45-5-627, 45-5-704, 45-5-705, or 45-8-218 or if the defendant was convicted under 46-23-507 and the offender was convicted of failure to register as a sexual offender pursuant to Title 46, chapter 23, part 5, the investigation must include a psychosexual evaluation of the defendant and a recommendation as to treatment of the defendant in the least restrictive environment, considering the risk the defendant presents to the community and the defendant's needs, unless the defendant was sentenced under 46-18-219. The evaluation must be completed by a sexual offender evaluator who is a member of the Montana sex offender treatment association or has comparable credentials acceptable to the department of labor and industry. The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.
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Montana Mont. Code Ann. § 46-18-111 Presentence Investigation--when required
If the defendant was convicted of an offense under 45-5-212(2)(b) or (2)(c), the investigation may include a mental health evaluation of the defendant and a recommendation as to treatment of
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the defendant in the least restrictive environment, considering the risk the defendant presents to the community and the defendant's needs. The evaluation must be completed by a qualified psychiatrist, licensed clinical psychologist, advanced practice registered nurse, or other professional with comparable credentials acceptable to the department of labor and industry. The mental health evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9.
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