Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 6. OFFENSES AGAINST PROPERTY · Part 3. Theft and Related Offenses
Montana Code Annotated

Mont. Code Ann. § 45-6-317 (2026)

Deceptive Practices

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 6
  4. Part 3
  5. 45-6-317 Deceptive practices

TITLE 45. CRIMES

CHAPTER 6. OFFENSES AGAINST PROPERTY

Part 3. Theft and Related Offenses

Deceptive Practices

45-6-317. Deceptive practices. (1) A person commits the offense of deceptive practices when the person purposely or knowingly:

(a) causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred;

(b) makes or directs another to make a false or deceptive statement addressed to the public or any person for the purpose of promoting or procuring the sale of property or services;

(c) makes or directs another to make a false or deceptive statement to any person respecting the financial condition of the person making or directing another to make the statement for the purpose of procuring a loan or credit or accepts a false or deceptive statement from any person who is attempting to procure a loan or credit regarding that person's financial condition; or

(d) obtains or attempts to obtain property, labor, or services by any of the following means:

(i) using a credit card that was issued to another without the other's consent;

(ii) using a credit card that has been revoked or canceled;

(iii) using a credit card that has been falsely made, counterfeited, or altered in any material respect;

(iv) using the pretended number or description of a fictitious credit card; or

(v) using a credit card that has expired when the credit card clearly indicates the expiration date.

(2) A person convicted of the offense of deceptive practices shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. If the deceptive practices are part of a common scheme or the value of any property, labor, or services obtained or attempted to be obtained exceeds $1,500, the offender shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

History: En. 94-6-307 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 23, Ch. 359, L. 1977; R.C.M. 1947, 94-6-307; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 6, Ch. 581, L. 1983; amd. Sec. 8, Ch. 616, L. 1993; amd. Sec. 11, Ch. 397, L. 1999; amd. Sec. 11, Ch. 473, L. 2009; amd. Sec. 12, Ch. 321, L. 2017; amd. Sec. 5, Ch. 583, L. 2025.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1979–2024 · leading case: State v. Duncan, 593 P.2d 1026 (Mont. 1979).
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State v. Duncan, 593 P.2d 1026 (Mont. 1979). · cites it 12× “1947, now section 45-6-317 MCA; Count II charged fraudulent securities practices in violation of section 15-2005(1), R.”
Seltzer v. Morton, 2007 MT 62 (Mont. 2007). · cites it 4× “Sections 45-6-317(2), 45-4-101(2), MCA. While our analysis under the third Gore guidepost cannot be guided to any great extent by this criminal sanction, we take note that Montana’s public policy, as expressed by the Legislature, evinces a grave concern with misconduct of the…”
State v. Richards, 906 P.2d 222 (Mont. 1995). · cites it 10× “In Count 48, Richards was charged with deceptive practices pursuant to § 45-6-317, MCA (1991). The evidence showed that, in applying for a loan, Richards represented to Norwest Financial that two snowmobiles owned by Richards Logging were free of liens and available as…”
State v. Landis, 2002 MT 45 (Mont. 2002). · cites it 5× “Section 45-6-317(l)(b), MCA. Landis claims his only deceptive statements were related to the vehicle accident, the accident occurred after he received the money from Parker and, therefore, the deceptive statements were not made for the purpose of promoting or procuring the sale…”
State v. Wilson, 2011 MT 277 (Mont. 2011). · cites it 2× “The four years issued for Count II-Deceptive Practices4s within the ten years allowed under § 45-6-317(2), MCA. The ten years issued for Count Ill-Tampering with Public Records or Information4s within the ten years allowed under § 45-7-208(2), MCA.”
State v. Slice, 753 P.2d 1309 (Mont. 1988). · cites it 3× “Slice, was tried on sixteen criminal counts: three counts of issuing a bad check, Section 45-6-316, MCA (felonies); one count of forgery, Section 45-6-325, MCA (felony); eight counts of deceptive practices Section 45-6-317, MCA (felonies); two counts of felony theft Section…”
State v. Striplin, 2009 MT 76 (Mont. 2009). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND ¶5 In October 2003, the State charged Striplin by Information with two felony counts of Deceptive Practices in violation of § 45-6-317(l)(d)(i), MCA (2001), for making unauthorized charges to the credit card of her fíancé’s mother, Edith…”
State v. Meeks, 2008 MT 40 (Mont. 2008). · cites it 2× “At the bottom line, Meeks contends the State should have charged him with theft by deception under § 46-5-301(2), MCA (2003), or deceptive practices pursuant to § 45-6-317, MCA (2003). We disagree. ¶11 With regard to Meeks’ argument that the State presented no evidence of…”
State v. Buckman, 768 P.2d 1361 (Mont. 1989). · cites it 2× “Buckman was charged with one count of deceptive practices, a felony, in violation of § 45-6-317(1)(d)(i), MCA, and one count of forgery, a felony in violation of § 45-6-325(1)(a), MCA.”
State v. Creekmore, 640 P.2d 439 (Mont. 1982). · cites it 3× “Defendant Mark Creekmore was convicted in a jury trial of felony deceptive practices under section 45-6-317(lXa), MCA, in the District Court, Eighth Judicial District, Cascade County.”
State v. M. Welch, 2024 MT 321 (Mont. 2024). · cites it 8× “¶2 We restate the issue on appeal as follows: Did the District Court err when it found there was no good cause to withdraw Welch’s guilty pleas? FACTUAL AND PROCEDURAL BACKGROUND ¶3 On April 20, 2021, the State charged Welch by amended information with six counts of Deceptive…”
State v. Prince, 377 Mont. 39 (Mont. 2014). · cites it 9× “On October 27,2009, the Defendant was sentenced for Count 1: Deceptive Practices by Common Scheme, a felony, in violation of Section 45-6-317(1)(d)(i), MCA, the imposition of sentence be deferred for a period of Three (3) years, and that during this period of time the Defendant…”
Show all 20 citing cases →
Mont. Code Ann. § 45-6-317(1)(a): 1 case
Marquis v. Uecker (D. Mont. 2024).
Mont. Code Ann. § 45-6-317(1)(d)(i): 7 cases
State v. Buckman, 768 P.2d 1361 (Mont. 1989). “Buckman was charged with one count of deceptive practices, a felony, in violation of § 45-6-317(1)(d)(i), MCA, and one count of forgery, a felony in violation of § 45-6-325(1)(a), MCA.”
State v. Prince, 377 Mont. 39 (Mont. 2014). “On October 27,2009, the Defendant was sentenced for Count 1: Deceptive Practices by Common Scheme, a felony, in violation of Section 45-6-317(1)(d)(i), MCA, the imposition of sentence be deferred for a period of Three (3) years, and that during this period of time the Defendant…”
State v. Burdeau, 2003 MT 201N (Mont. 2003).
State v. Gingras, 386 Mont. 90 (Mont. 2016).
State v. Tsuji, 2004 MT 207N (Mont. 2004).
Mont. Code Ann. § 45-6-317(2): 2 cases
Seltzer v. Morton, 2007 MT 62 (Mont. 2007). “Sections 45-6-317(2), 45-4-101(2), MCA. While our analysis under the third Gore guidepost cannot be guided to any great extent by this criminal sanction, we take note that Montana’s public policy, as expressed by the Legislature, evinces a grave concern with misconduct of the…”
State v. Wilson, 2011 MT 277 (Mont. 2011). “The four years issued for Count II-Deceptive Practices4s within the ten years allowed under § 45-6-317(2), MCA. The ten years issued for Count Ill-Tampering with Public Records or Information4s within the ten years allowed under § 45-7-208(2), MCA.”
Mont. Code Ann. § 45-6-317(2)(b): 1 case
State v. M. Welch, 2024 MT 321 (Mont. 2024). “¶2 We restate the issue on appeal as follows: Did the District Court err when it found there was no good cause to withdraw Welch’s guilty pleas? FACTUAL AND PROCEDURAL BACKGROUND ¶3 On April 20, 2021, the State charged Welch by amended information with six counts of Deceptive…”
Mont. Code Ann. § 45-6-317(2)(c): 1 case
State v. M. Welch, 2024 MT 321 (Mont. 2024). “¶2 We restate the issue on appeal as follows: Did the District Court err when it found there was no good cause to withdraw Welch’s guilty pleas? FACTUAL AND PROCEDURAL BACKGROUND ¶3 On April 20, 2021, the State charged Welch by amended information with six counts of Deceptive…”
Mont. Code Ann. § 45-6-317(b): 1 case
In Re Mountain Bell Directory Advert., 604 P.2d 760 (Mont. 1979).
Mont. Code Ann. § 45-6-317(l)(b): 2 cases
Seltzer v. Morton, 2007 MT 62 (Mont. 2007). “Sections 45-6-317(2), 45-4-101(2), MCA. While our analysis under the third Gore guidepost cannot be guided to any great extent by this criminal sanction, we take note that Montana’s public policy, as expressed by the Legislature, evinces a grave concern with misconduct of the…”
State v. Landis, 2002 MT 45 (Mont. 2002). “Section 45-6-317(l)(b), MCA. Landis claims his only deceptive statements were related to the vehicle accident, the accident occurred after he received the money from Parker and, therefore, the deceptive statements were not made for the purpose of promoting or procuring the sale…”
Mont. Code Ann. § 45-6-317(l)(d)(i): 1 case
State v. Striplin, 2009 MT 76 (Mont. 2009). “FACTUAL AND PROCEDURAL BACKGROUND ¶5 In October 2003, the State charged Striplin by Information with two felony counts of Deceptive Practices in violation of § 45-6-317(l)(d)(i), MCA (2001), for making unauthorized charges to the credit card of her fíancé’s mother, Edith…”
Mont. Code Ann. § 45-6-317(lXa): 1 case
State v. Creekmore, 640 P.2d 439 (Mont. 1982). “Defendant Mark Creekmore was convicted in a jury trial of felony deceptive practices under section 45-6-317(lXa), MCA, in the District Court, Eighth Judicial District, Cascade County.”
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