Is Embezzlement a Felony in Montana? Theft and Forgery Penalties

Montana's Criminal Code has no separate embezzlement chapter. Embezzlement is "theft of property by embezzlement," a subsection of the general theft statute (MCA 45-6-301(6)) that covers property of the person's employer or property entrusted to the person, and it is generally graded with all theft: a misdemeanor at $1,500 or less and a felony above $1,500, punishable by up to 10 years and a $50,000 fine.

Embezzlement of more than $10,000 carries a mandatory state prison term of 1 to 10 years, although the court may instead order probation with restitution (45-6-301(7)(c)), and bank, mutual association and credit union insiders face up to 20 years at any value under Title 32. Forgery under MCA 45-6-325 is a misdemeanor unless it is part of a common scheme or the value obtained or attempted exceeds $1,500, in which case it carries up to 20 years. For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Montana Code Annotated provisions on theft of property by embezzlement and its grading (45-6-301, 45-6-303, 45-6-345, and the definitions in 45-2-101), theft by financial-institution insiders (32-1-473, 32-2-939, 32-3-1005), forgery (45-6-325), issuing a bad check and deceptive practices (45-6-316, 45-6-317), official misconduct (45-7-401) and the office bar in Article IV, Section 4 of the Montana Constitution, exploitation of an incapacitated person or vulnerable adult (45-5-804), sentencing rules in Title 46 (46-1-202, 46-18-201, 46-18-205, 46-18-228, 46-18-241, 46-18-502) and time limits (45-1-205). It does not cover the full theft value rules for every kind of property (see Montana theft laws), identity theft, scams and victim reporting, federal offenses, civil lawsuits or local ordinances.

What is embezzlement in Montana?

Montana defines embezzlement inside its theft statute. Under MCA 45-6-301(6):

"A person commits the offense of theft of property by embezzlement when, with the purpose to deprive the owner of the property, the person: (a) purposely or knowingly obtains or exerts unauthorized control over property of the person's employer or over property entrusted to the person; or (b) purposely or knowingly obtains by deception control over property of the person's employer or over property entrusted to the person."

Three things have to line up: a purpose to deprive the owner, the right kind of property (the employer's property or property entrusted to the person), and either unauthorized control or control obtained by deception. Within Title 45, this subsection is the only place the word "embezzlement" is used as the name of an offense.

How embezzlement differs from ordinary theft

Ordinary theft under 45-6-301(1) applies when a person "purposely or knowingly obtains or exerts unauthorized control over property of the owner" and has the purpose of depriving the owner of it (or uses, conceals or abandons it in a way that deprives, or probably will deprive, the owner). The embezzlement subsection is narrower: it is limited to an employer's property or property entrusted to the person.

The two share the same value ladder, with one difference. Only embezzlement has the extra mandatory-prison tier above $10,000.

"Owner" is defined broadly for Title 45: "a person other than the offender who has possession of or other interest in the property involved, even though the interest or possession is unlawful, and without whose consent the offender has no authority to exert control over the property" (45-2-101(53)). Section 45-6-303(1) adds: "It is no defense to a charge of theft of property that the offender has an interest therein when the owner also has an interest to which the offender is not entitled."

Is embezzlement a felony in Montana?

Yes, when the value exceeds $1,500. Montana has no lettered felony classes. A "felony" is "an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year" (45-2-101(23)), so each offense section sets its own range. Section 45-6-301(7) sets these tiers for theft, including theft by embezzlement (a separate light-vehicle rule follows):

• $1,500 or less (misdemeanor). "Except as provided in subsections (7)(b)and (7)(d), a person convicted of a first or second offense of the offense of theft of property not exceeding $1,500 in value 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. A person convicted of a third or subsequent offense shall be fined $1,500 and be imprisoned in the county jail for a term of not less than 30 days or more than 6 months."
• More than $1,500 (felony). "Except as provided in subsections (7)(c) and (7)(d), a person convicted of the offense of theft of property that exceeds $1,500 in value ... shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both."
• Embezzlement of more than $10,000 (mandatory prison, with a probation option). "A person convicted of the offense of theft of property exceeding $10,000 in value by embezzlement shall be imprisoned in a state prison for a term of not less than 1 year or more than 10 years and may be fined an amount not to exceed $50,000. The court may, in its discretion, place the person on probation with the requirement that restitution be made under terms set by the court. If the terms are not met, the required prison term may be ordered."

Some property is graded without regard to the $1,500 line. Theft of "any amount of anhydrous ammonia for the purpose of manufacturing dangerous drugs" falls in the felony tier, and theft of "any commonly domesticated hoofed animal" is punishable by a fine of $5,000 to $50,000 or up to 10 years in state prison, or both (45-6-301(7)(b)). Theft of a light vehicle is graded separately at any value: a person convicted "of the offense of theft of property of a light vehicle, as defined in 61-1-101, shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both" (45-6-301(7)(d)).

Exactly $1,500 stays in the misdemeanor tier, because the felony tier begins only when the value "exceeds $1,500." When the value cannot be determined, the definitions section provides: "When it cannot be determined if the value of the property is more or less than $1,500 by the standards set forth in subsection (77)(a), its value is considered to be an amount less than $1,500" (45-2-101(77)(b)).

For the third-offense misdemeanor rule, a prior conviction counts if it is a conviction under 45-6-301 itself, under "a similar statute in another state," or "a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a similar statute, which forfeiture has not been vacated" (45-6-345).

Adding thefts together

"Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property" (45-6-301(8)). A "common scheme" means "a series of acts or omissions motivated by a purpose to accomplish a single criminal objective or by a common purpose or plan that results in the repeated commission of the same offense or that affects the same person or the same persons or the property of the same person or persons" (45-2-101(8)).

For how other kinds of theft are graded, see Montana theft laws.

Bank, mutual association and credit union insiders

Title 32 sets a higher ceiling for insiders of financial institutions, at any value. A director, officer, or employee of a bank "who fraudulently appropriates or abstracts or misapplies any of the money, funds, credits, or property of the bank when owned by it or held in trust," or anyone who with like intent aids or abets, "is guilty of theft and upon conviction shall be imprisoned in the state prison for a period of not to exceed 20 years or be fined an amount not to exceed $50,000, or both" (32-1-473). Section 32-2-939 sets the same rule for mutual associations. For credit unions, 32-3-1005 treats fraudulent appropriation, misapplication or theft of credit union funds by a director, officer or employee (or an aider or abettor) as theft punishable by up to 20 years and a fine of up to $50,000.

Public servants and public office

No Title 45 section names embezzlement of public money as its own offense. Part 4 of Title 45, chapter 7 holds a single section, official misconduct (45-7-401). Among the acts it lists, a public servant commits the offense when, "with the purpose to obtain a personal advantage or an advantage for another," the public servant "performs an act in excess of the public servant's lawful authority."

Official misconduct is a misdemeanor: the public servant "shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both." It also carries an office consequence: "Upon final judgment of conviction, the public servant shall permanently forfeit the public servant's office" (45-7-401(2), (4)).

A felony conviction separately affects eligibility for office. Article IV, Section 4 of the Montana Constitution provides: "The legislature may provide additional qualifications but no person convicted of a felony shall be eligible to hold office until his final discharge from state supervision."

Exploitation of an incapacitated person or vulnerable adult

A 2025 law created a separate felony for financial exploitation. MCA 45-5-804, enacted by Chapter 484, Laws of 2025 (HB 532), applies to a person who "purposely or knowingly obtains or uses or attempts to obtain or use an incapacitated person's or vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the incapacitated person or vulnerable adult of the use, benefit, or possession of funds, assets, or property or to benefit someone other than the incapacitated person or vulnerable adult by means of deception, duress, menace, fraud, undue influence, or intimidation" and who:

"(i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult; (ii) has a business relationship with the incapacitated person or vulnerable adult; or (iii) is an attorney in fact under a power of attorney, conservator, or guardian of an incapacitated person or vulnerable adult."

The penalty: "A person convicted of the offense of exploitation of an incapacitated person or vulnerable adult shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both" (45-5-804(2)). The section has no age line of its own; "vulnerable adult" is defined in 52-3-803.

The act contains no effective-date section, so the default rule applies: "every statute adopted after January 1, 1981, takes effect on the first day of October following its passage and approval unless a different time is prescribed in the enacting legislation" (1-2-201(1)(a)). That puts its effective date at October 1, 2025.

Additional term for caregiving-facility staff

Under 46-18-228, added by Chapter 566, Laws of 2025, "If the provisions of 46-1-401 are complied with," a person who commits a felony (or a Title 45, chapter 5 misdemeanor) while employed or volunteering in a caregiving facility, against a child or vulnerable adult in that facility, "shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 1 year or more than 10 years, except as provided in 46-18-222." That additional term is consecutive.

For warning signs and reporting, see our guide to elder financial exploitation.

Forgery in Montana

What counts as forgery

Montana's forgery statute puts making, passing and possessing a forged document in one section. Under MCA 45-6-325(1), "A person commits the offense of forgery when, with purpose to defraud, the person knowingly:

• (a) without authority makes or alters a document or other object apparently capable of being used to defraud another in a manner that it purports to have been made by another or at another time or with different provisions or of different composition;
• (b) issues or delivers the document or other object knowing it to have been thus made or altered;
• (c) possesses with the purpose of issuing or delivering any such document or other object knowing it to have been thus made or altered; or
• (d) possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments."

Montana has no separately named "uttering" offense; issuing or delivering a forged document is clause (b) of forgery. The key terms are defined in the same section: "A purpose to defraud means the purpose of causing another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property," and a document capable of being used to defraud "includes but is not limited to one by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated" (45-6-325(2), (3)).

Is forgery a felony in Montana?

It depends on the scheme and the value obtained, not on the face of the document. Section 45-6-325(4) provides: "A person convicted of the offense of forgery 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 forgery is part of a common scheme or if the value of the 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 20 years, or both."

The felony ceiling for forgery (20 years) is twice the ceiling for theft (10 years). A forgery that is part of a common scheme is a felony at any value.

Readers dealing with a forged or altered check as victims can start with our guide to mail theft and check washing.

Bad checks and deceptive practices

Two neighboring offenses in the same part of the code use the same $1,500 and common-scheme line:

• Issuing a bad check (45-6-316). A person commits the offense "when the person issues or delivers a check or other order upon a real or fictitious depository for the payment of money knowing that it will not be paid by the depository." It is a misdemeanor (up to $1,500, up to 6 months, or both), or a felony punishable by up to $50,000, up to 10 years, or both, if it is part of a common scheme or the value exceeds $1,500.
• Deceptive practices (45-6-317). This covers conduct such as using a revoked, forged or another person's credit card, or causing another by deception to execute a document disposing of property. "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"; otherwise the penalty is up to $1,500, up to 6 months, or both.

If you were the target of a fraud scheme, our Montana scam and fraud laws guide explains where to report it.

Montana embezzlement and forgery offenses at a glance

Montana sets each offense's range in the offense section itself rather than by class. For how Montana separates felonies and misdemeanors across the code, see Montana felony and misdemeanor penalties.

Sentencing: probation, restitution and prior felonies

The figures above are statutory maximums or ranges. Under 46-18-201, a judge may defer imposition of a felony sentence for up to 3 years, or up to 6 years "if a financial obligation is imposed as a condition of sentence," but, except as provided in 46-18-222, not for an offender "who has been convicted of a felony on a prior occasion," and may suspend execution of a sentence "for a period up to the maximum sentence allowed or for a period of 6 months, whichever is greater"; probation supervision on a suspended sentence is capped at "5 years for all other felony offenses" outside the categories the section lists (46-18-201(1), (2)). Theft, forgery and embezzlement are not on the 46-18-205 list of offenses for which "the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended"; that list names violent and sexual offenses. The over-$10,000 embezzlement tier has its own probation-with-restitution option, quoted above.

Restitution is required. The restitution statute, which the Montana Code Annotated 2025 marks "(Temporary)" because that version terminates June 30, 2027 and is replaced on July 1, 2027 by a version with the same full-restitution requirement, provides that "a sentencing court shall, as part of the sentence, require an offender to make full restitution to any victim who has sustained pecuniary loss, including a person suffering an economic loss" (46-18-241(1)).

The persistent felony offender statute, 46-18-502, sets a range of 5 to 100 years, or a fine of up to $50,000, for a person sentenced for a third felony after two prior separate felonies within the statute's timing rules, and 10 to 100 years for a repeat persistent offender. It applies to "a persistent felony offender or a persistent felony offender under supervision," and only "if the offender was 21 years of age or older at the time of the commission of the present offense" (46-18-502(1)). Those are two different categories in 46-1-202:

• Persistent felony offender (46-1-202(18)). An offender previously convicted of two separate felonies who is being sentenced for a third felony committed on a different occasion, other than an offender who was on conditional release, felony probation or felony parole when the present felony was committed. For this category, "At least one of the three felonies must be a sexual offense or a violent offense as those terms are defined in 46-23-502."
• Persistent felony offender under supervision (46-1-202(19)). An offender who "was on conditional release, felony probation, or felony parole at the time the offense for which the offender is presently being sentenced was committed," "has previously been convicted of two separate felonies," and "is presently being sentenced for a third felony," with listed exceptions in 46-1-202(19)(c). This definition contains no sexual-or-violent-offense condition.

Both definitions also require that less than 5 years have elapsed between the present offense and the most recent prior felony conviction or release from the related commitment.

Time limits for prosecution

Under MCA 45-1-205(2), a prosecution for a felony generally must begin within 5 years and a misdemeanor within 1 year. For theft involving a breach of fiduciary obligation, subsection (3) extends those periods:

"(3) The periods prescribed in subsection (2) are extended in a prosecution for theft involving a breach of fiduciary obligation to an aggrieved person as follows: (a) if the aggrieved person is a minor or incompetent, during the minority or incompetency or within 1 year after the termination of the minority or incompetency; (b) in any other instance, within 1 year after the discovery of the offense by the aggrieved person or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense and is not personally a party to the offense or, in the absence of discovery, within 1 year after the prosecuting officer becomes aware of the offense."

When an offense "is based upon a continuing course of conduct," it is committed "at the time when the course of conduct is terminated," and time starts to run the next day (45-1-205(7)(a)). The same section also has a separate rule for theft under 45-6-301 when the offender still possesses the property: the prosecution may begin within 5 years of the theft, or later while the offender remains in possession, but within 1 year after the investigating officer discovers that continued possession (45-1-205(7)(b)). For civil filing deadlines, see Montana statute of limitations.

Recent changes

• 2025: SB 19 (Chapter 583, Laws of 2025), effective July 1, 2025. The act amended 45-2-101, 45-6-301, 45-6-309, 45-6-316, 45-6-317, 45-6-325, 45-6-332 and 45-6-345. Before it, theft or forgery over $1,500 but not over $5,000 carried up to 3 years for a first offense (more for repeat offenses), and over $5,000 or as part of a common scheme, up to 10 years and a $10,000 fine; a first misdemeanor theft or forgery carried only a fine of up to $500, and a third, up to $500 and 5 days to 1 year in jail. The act replaced those tiers with the current single felony tier over $1,500 (up to 10 years and $50,000 for theft, up to 20 years and $50,000 for forgery) and the current misdemeanor penalties quoted above. The earlier ranges were the law before July 1, 2025. Its effective-date section reads: "[This act] is effective July 1, 2025." The current 45-6-301 has a single felony tier for theft over $1,500 plus the embezzlement tier over $10,000.
• 2025: HB 532 (Chapter 484, Laws of 2025), effective October 1, 2025. The act created the vulnerable-adult exploitation offense in 45-5-804, amended 45-6-332 and repealed 45-6-333 and 52-3-825.
• 2025: SB 296 (Chapter 566, Laws of 2025), effective October 1, 2025. The act added the caregiving-facility sentence in 46-18-228; it has no effective-date section, so the 1-2-201 default applies.

Federal law separately reaches embezzlement from banks and federal programs and mail or wire fraud schemes; those offenses are covered on our embezzlement and forgery laws by state hub.

Related pages

• Embezzlement and forgery laws by state
• Montana theft laws
• Montana felony and misdemeanor penalties
• Montana scam and fraud laws
• Montana statute of limitations

This article provides general legal information about Montana law and is not legal advice. For advice about a specific situation, contact a lawyer licensed in Montana.

Last updated: 2026-10-18.

Frequently Asked Questions

Is embezzlement a felony in Montana?

It is a felony when the value exceeds $1,500, punishable by up to 10 years in state prison, a $50,000 fine, or both (MCA 45-6-301(7)(b)). At $1,500 or less it is a misdemeanor, apart from the any-value rules for anhydrous ammonia and hoofed animals (45-6-301(7)(b)) and light vehicles (45-6-301(7)(d)). Bank, mutual association and credit union insiders face up to 20 years at any value under Title 32 (32-1-473, 32-2-939, 32-3-1005).

What is the penalty for embezzling more than $10,000 in Montana?

A mandatory state prison term of 1 to 10 years and a fine of up to $50,000. The court may instead place the person on probation with a restitution requirement, and the prison term may be ordered if the terms are not met (45-6-301(7)(c)).

How is embezzlement different from theft in Montana?

Both are in MCA 45-6-301. Embezzlement under subsection (6) is limited to an employer’s property or property entrusted to the person, and only embezzlement has the mandatory-prison tier above $10,000.

Is forgery a felony in Montana?

Forgery is a misdemeanor (up to $1,500, 6 months, or both) unless it is part of a common scheme or the value obtained or attempted exceeds $1,500. Then it is punishable by up to $50,000, 20 years in state prison, or both (45-6-325(4)).

Is signing someone else’s name a crime in Montana?

MCA 45-6-325(1)(a) makes it forgery to, with purpose to defraud, knowingly and without authority make or alter a document in a manner that it purports to have been made by another. The purpose to defraud is a required element.

What happens to a public official convicted of a felony in Montana?

Under Article IV, Section 4 of the Montana Constitution, no person convicted of a felony is eligible to hold office until final discharge from state supervision. A conviction for official misconduct (45-7-401) also permanently forfeits the public servant’s office.

Is there a statute of limitations for embezzlement in Montana?

Generally 5 years for a felony and 1 year for a misdemeanor (MCA 45-1-205(2)). For theft involving a breach of fiduciary obligation, the period is extended to 1 year after discovery by the aggrieved person or a qualified representative, or 1 year after the prosecutor becomes aware (45-1-205(3)).