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Code · Montana · Title 30 — Trade and Commerce · Chapter 14 · Part 14

30-14-1414. Penalties -- misdemeanor and felony violations -- burden of proof.

328 words·~1 min read·/mt/title-30/chapter-14/part-14/30-14-1414·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

30-14-1414 . Penalties -- misdemeanor and felony violations -- burden of proof.
(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 .
(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.
(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.
(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.
(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.
(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.
(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.
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