Montana Misdemeanor and Felony Theft and Shoplifting

Montana theft laws cover a wide range of illegal conduct, including theft of property or services, embezzlement, receiving stolen property, joyriding, fraudulently obtaining county benefits, and more.

What Is Theft in Montana?

In Montana, a person commits theft by purposely or knowingly taking property that belongs to someone else with the intent of depriving the owner of the property. More specifically, Montana criminal statutes say that theft occurs when a person:

• takes someone else's property without permission
• obtains another person's property by threat or deceit
• takes control over knowingly stolen property
• uses fraud or deceit to wrongfully obtain state or county benefits, public assistance, or workers' compensation benefits, or
• converts property of their employer to their own use without consent (embezzlement).

Montana laws also identify a number of distinct theft offenses, including theft of services, labor, communication services, or lost property; joyriding; unlawful use of a computer; fraudulently obtaining or using food stamps; Medicaid fraud; and disposing of stolen property, among others. Penalties for these offenses may vary from the general theft penalties discussed below. Check out the Montana Statutes (title 45, chapter 6, part 3) to find penalties related to these and other theft offenses.

(Mont. Code §§ 45-6-301 and following (2025).)

How Montana Classifies Theft Crimes

Montana classifies its theft offenses based mostly on the dollar value of the property involved and, in a few circumstances, the nature of the property or victim. Many thefts involving property valued at $1,500 or less carry misdemeanor penalties. Above this amount, theft is a felony in Montana.

What Are the Penalties for Misdemeanor Theft in Montana?

A person convicted of stealing property not exceeding $1,500 in value must pay a fine of up to $500 but won't be subject to jail time. Repeat offenders will face jail time and a $500 fine. A second conviction of the same offense carries up to six months in jail. And, for a third or subsequent offense, the offender is subject to between five days and one year in the county jail.

What Are the Penalties for Felony Theft in Montana?

Montana classifies the penalties for most felony theft offenses based on the value of the property stolen and, sometimes, on the nature of items stolen or the type of victim.

Stolen Property Valued Between $1,501 to $5,000

A person who steals property valued between $1,501 and $5,000 faces the following penalties:

• first offense: maximum three-year prison sentence and a $1,500 fine
• second offense: maximum five-year prison sentence and a $1,500 fine, and
• third or subsequent offense: two- to five-year prison sentence and maximum $5,000 fine.

Stolen Property Valued at More Than $5,000

A person convicted of stealing property worth more than $5,000 faces penalties of up to 10 years in prison and a $10,000 fine.

Embezzled Property Valued at More Than $10,000

An offender who steals property worth more than $10,000 by embezzlement is subject to a fine of up to $50,000, one to ten years in prison, or both.

Other Felony Theft Penalties

Montana's theft laws also provide the following felony penalties for theft regardless of the value of the stolen property:

• domesticated hoofed animals: maximum 10-year prison sentence and a fine between $5,000 and $50,000
• exploitation of a vulnerable adult (age 60 or older, incapacitated, or developmental disabilities): maximum 10-year prison sentence and a $10,000 fine, and
• motor vehicles: maximum 10 years of imprisonment and a $50,000 fine.

(Mont. Code §§ 45-6-301, 45-6-333, 52-3-803, 61-1-101, 72-5-101 (2025).)

How Does Montana Punish Shoplifting Crimes?

Shoplifting (sometimes called retail theft) carries criminal and civil penalties. Like most states, Montana's law allows for a criminal prosecution (brought by a government prosecutor) and a civil lawsuit (brought by the store owner).

Criminal Penalties for Shoplifting

Shoplifters are subject to the same criminal penalties as those offenders convicted under the general theft statute. As such, their punishments depend on the value of the goods they stole. Additionally, if the person steals merchandise worth less than $1,500 but uses an emergency exit to help facilitate their crime, they face up to six months of incarceration and a $500 fine.

Civil Penalties for Shoplifting

A person who shoplifts merchandise from a store, or the custodial parent or legal guardian of a minor who commits shoplifting, may be civilly liable to the store owner for the following:

• actual damages, and
• a penalty in the amount of $100 or the retail value of the goods up to $1,000, whichever is greater.

The store owner is entitled to these civil remedies whether or not the person has returned the goods undamaged.

(Mont. Code §§ 27-1-718, 45-6-301 (2025).)

Getting Legal Help

If you've been arrested for or charged with a theft-related offense in Montana, contact an experienced criminal defense attorney or ask for a public defender. An attorney will discuss potential defenses with you, as well as provide you with a more extensive explanation of the criminal process in your state.