2005 Montana Code Annotated - 45-6-309 — Failure to return rented or leased personal property.

     45-6-309. Failure to return rented or leased personal property. (1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.
     (2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.
     (3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense.
     (4) (a) A person convicted of failure to return rented or leased personal property not exceeding $1,000 in value shall be fined not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
     (b) A person convicted of failure to return rented or leased personal property exceeding $1,000 in value shall be imprisoned in the state prison for a term not to exceed 10 years.

     History: En. Sec. 1, Ch. 239, L. 1981; amd. Sec. 3, Ch. 581, L. 1983; amd. Sec. 4, Ch. 616, L. 1993; amd. Sec. 6, Ch. 397, L. 1999.