Montana Theft Laws: $1,500 Felony Threshold, Penalties and Shoplifting

In Montana, theft is punishable as a felony when the property "exceeds $1,500 in value": under MCA 45-6-301(7)(b)(i), the penalty is a fine of up to $50,000, up to 10 years in a state prison, or both. Theft of property "not exceeding $1,500 in value" is punishable by up to 6 months in the county jail, a fine of up to $1,500, or both, for a first or second offense, so property worth exactly $1,500 stays on the misdemeanor side. Shoplifting is charged under the same theft statute. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana state theft law in Title 45, chapter 6, part 3 of the Montana Code Annotated (MCA 45-6-301 through 45-6-345), the definitions in MCA 45-2-101, the persistent felony offender statute MCA 46-18-502, the merchant detention rule in MCA 46-6-506 and 30-11-302, the civil penalty in MCA 27-1-718, and, only where it reaches store theft, burglary under MCA 45-6-204. It does not cover federal theft offenses, local ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Montana

Under MCA 45-6-301(1), "A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property."

The same section reaches several other forms of theft: obtaining control "by threat or deception" (subsection 2), obtaining control over stolen property "knowing the property to have been stolen by another" (subsection 3), fraud involving public assistance under Title 52 or 53 or benefits under Title 39, chapter 51 or 71 (subsections 4 and 5), and embezzlement of property "of the person's employer or over property entrusted to the person" (subsection 6).

"Deprive" is defined in MCA 45-2-101 as withholding property of another "permanently," "for such a period as to appropriate a portion of its value," or "with the purpose to restore it only upon payment of reward or other compensation," or disposing of it "so as to make it unlikely that the owner will recover it."

Is theft a felony in Montana? The $1,500 line

Montana does not attach a felony or misdemeanor label to each offense. MCA 45-2-101 defines the terms by sentence: 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," and a "Misdemeanor" is "an offense for which the sentence imposed upon conviction is imprisonment in the county jail for a term or a fine, or both, or for which the sentence imposed is imprisonment in a state prison for a term of 1 year or less." Theft above $1,500 is the felony-level tier because the statute authorizes up to 10 years in a state prison.

A few details from the statute's text:

• Third offense. Subsection (7)(a) provides: "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." For counting convictions under 45-6-301, MCA 45-6-345 includes "a conviction for a violation of a similar statute in another state" and a bail forfeiture for a similar violation "which forfeiture has not been vacated."
• Livestock. For theft of a commonly domesticated hoofed animal, "If a prison term is deferred, the court shall order the offender to perform 416 hours of community service during a 1-year period, in the offender's county of residence," and the offender's property "is subject to criminal forfeiture pursuant to 45-6-328 and 45-6-329" (45-6-301(7)(b)(ii)).
• Embezzlement. For embezzlement over $10,000, "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" (45-6-301(7)(c)).

These are the statutory ranges, not a prediction of any sentence. They can rise for a persistent felony offender: under MCA 46-18-502(1), "a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense," subject to the exceptions in that section. Under MCA 46-1-202(18), that status covers an offender with two prior separate felonies who is being sentenced for a third, and "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." An offender who was on conditional release, felony probation, or felony parole when the new felony was committed is instead a "persistent felony offender under supervision" under MCA 46-1-202(19), which requires two prior felonies and a third but no sexual or violent offense. In both definitions the prior felonies count only if less than 5 years separate the new offense from the most recent prior conviction or the release from that commitment. A lawyer licensed in Montana can explain how it applies to a particular record.

How value is measured and added together

"Value" means "the market value of the property at the time and place of the crime or, if the market value cannot be satisfactorily ascertained, the cost of the replacement of the property within a reasonable time after the crime" (MCA 45-2-101).

Under MCA 45-6-301(8), "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." A "Common scheme" is "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).

Shoplifting in Montana

Part 3 of Title 45, chapter 6 contains no separate shoplifting or retail-theft offense with its own grades. Taking merchandise from a store is theft under MCA 45-6-301 and is graded by the same $1,500 line, with the same mandatory jail minimum on a third or subsequent misdemeanor conviction. The merchant detention statute defines "Shoplifting" as "the theft of any goods offered for sale by a wholesale or retail store or other mercantile establishment" (MCA 46-6-506(4)(b)).

Burglary. Montana burglary requires that a person "knowingly enters or remains unlawfully in an occupied structure" with "the purpose to commit an offense" there, or commits another offense inside, and it carries up to 20 years in a state prison, a fine up to $50,000, or both (MCA 45-6-204(1), (3)). An "Occupied structure" includes a building suitable "for carrying on business" (MCA 45-2-101), but a person "enters or remains unlawfully" only "when the person is not licensed, invited, or otherwise privileged to do so" (MCA 45-6-201(1)). So entering or remaining in a store when not licensed, invited, or otherwise privileged to be there, with the purpose to steal, is burglary whatever the value of the goods. Burglary is otherwise outside the scope of this page.

Can a store detain someone suspected of shoplifting?

Under MCA 46-6-506(1), a merchant "who has reason to believe that a person has committed or is in the process of committing the offense of theft may stop and temporarily detain that person." The merchant:

• "shall promptly inform the person that the stop is for investigation of shoplifting and that upon completion of the investigation, the person will be released or turned over to the custody of a peace officer";
• may demand the person's name and address and question the person "in a reasonable manner";
• may take into possession unpaid merchandise in the person's possession or concealed from full view; and
• "may detain the person or request the person to remain on the premises until a peace officer arrives."

The stop "must be done in a reasonable manner and time." Unless evidence of concealment is "obvious and apparent to the merchant," the section authorizes searching only "the person's coat or other outer garments and any package, bag, or other container." "After the purpose of a stop has been accomplished or 30 minutes have elapsed, whichever occurs first, the merchant shall allow the person to go unless the person is arrested and turned over to the custody of a peace officer" (46-6-506(2)).

For that section, acts that are "prima facie evidence of concealment" include concealing merchandise on the person or in a container or otherwise removing it from full view on the premises, "removing, changing, or altering a price tag," moving merchandise "to obtain a lower price," and abandoning or disposing of merchandise so the merchant is deprived of its value (46-6-506(4)(a)). Separately, "Any merchant has the right to request any individual on the merchant's premises to place or keep in full view any merchandise that the individual may have removed" from its place of display (MCA 30-11-302).

Civil penalties: can a store make you pay after shoplifting?

Under MCA 27-1-718(1), an adult or emancipated minor who takes merchandise from a store without consent "and with the intention of converting the goods to the taker's own use without having paid the purchase price of the goods is liable to the owner or seller for a penalty, whether or not the goods have been returned undamaged, in the amount of the greater of $100 or the retail value of the goods, not to exceed $1,000. This amount is in addition to actual damages."

• Minors. When an unemancipated minor takes the goods, "the minor's parent or legal guardian having custody of the minor is liable" for the same penalty. Liability "may not be imposed upon any governmental or private agency that has been assigned responsibility for the minor child pursuant to court order or action of the department of corrections or the department of public health and human services" (27-1-718(2)).
• No conviction needed. "A conviction for violation of 45-6-301 is not a condition precedent to maintenance of a civil action under this section" (27-1-718(4)).
• Assignment. "Judgments and claims arising under this section may be assigned" (27-1-718(3)).

The statute sets what a store can recover; it does not say how any particular demand letter should be answered. A lawyer licensed in Montana can advise on a specific letter.

Other theft offenses with their own grades

These sections of part 3 set their own penalties instead of the 45-6-301 ladder:

The nonferrous metal statute measures the line differently: the higher penalty applies when the loss "is $1,500 or more," while the general theft statute uses "exceeds $1,500."

Recent changes to Montana theft law

Senate Bill 19 (Chapter 583, Laws of 2025) rewrote the penalties in MCA 45-6-301; Section 10 of the act provides that it "is effective July 1, 2025." Before it, theft of property over $1,500 but not over $5,000 carried up to 3 years in prison for a first offense (up to 5 years for a second, and 2 to 5 years for a third or subsequent offense), and the 10-year tier applied to property over $5,000 or theft as part of a common scheme, with a fine of up to $10,000. The act replaced those tiers with the single felony-level tier described above: property that exceeds $1,500, a fine of up to $50,000, up to 10 years, or both.

The act also raised the misdemeanor theft fine from $500 to $1,500, changed the third-offense misdemeanor jail term from 5 days to 1 year to 30 days to 6 months, and removed both the separate penalties for theft using an emergency exit and the presumption of a deferred imposition of sentence for theft of property not exceeding $100. Section 1 removed the $1,500 minimum loss from the definition of "common scheme" in MCA 45-2-101. Older summaries of Montana law may still show the rules in force before July 1, 2025. The history note for MCA 45-6-301 also lists amendments by Chapter 70 and Chapter 162 of the 2023 Laws.

Related legal issues

Theft by deception overlaps with fraud and scams, covered in Montana scam and fraud laws. Theft of identity (MCA 45-6-332) is covered in Montana identity theft laws. Clearing a theft record is covered in Montana expungement laws, and time limits for bringing charges are in the Montana statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• Montana scam and fraud laws
• Montana identity theft laws
• Montana expungement laws
• Montana statute of limitations

This page provides general legal information about Montana theft statutes as of October 14, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Montana.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft amount in Montana?

Theft of property that exceeds $1,500 in value is punishable by a fine up to $50,000, up to 10 years in a state prison, or both (MCA 45-6-301(7)(b)(i)). Theft of $1,500 or less is punishable by county jail and a fine, which makes it a misdemeanor under MCA 45-2-101.

Is stealing $1,500 a felony in Montana?

No, not on value alone. The felony-level penalty applies to property that exceeds $1,500, and property not exceeding $1,500 is punishable by up to 6 months in the county jail, a fine of up to $1,500, or both, for a first or second offense (MCA 45-6-301(7)). Some thefts, such as a light vehicle or livestock, carry the 10-year penalty at any value.

What is petty theft in Montana?

Montana law does not use the term petty theft. Theft of property not exceeding $1,500 is punishable by a fine up to $1,500, up to 6 months in the county jail, or both for a first or second offense, and by a $1,500 fine and 30 days to 6 months in jail for a third or subsequent offense (MCA 45-6-301(7)(a)).

Is shoplifting a felony in Montana?

Shoplifting is theft under MCA 45-6-301, so it is a felony-level offense when the goods exceed $1,500 and a misdemeanor at $1,500 or less. Values from thefts under a common scheme or the same transaction may be added together (45-6-301(8)). Entering or remaining in a store when not licensed, invited, or otherwise privileged to be there, with the purpose to commit an offense there, or committing an offense inside, is burglary, punishable by up to 20 years in a state prison, a fine of up to $50,000, or both, whatever the value (MCA 45-6-201, 45-6-204).

How much can a store charge for shoplifting in Montana?

Under MCA 27-1-718, a store may recover a penalty of the greater of $100 or the retail value of the goods, up to $1,000, plus actual damages, even if the goods were returned undamaged. A criminal conviction is not required.

Are parents liable when a child shoplifts in Montana?

Yes, under MCA 27-1-718(2) the parent or legal guardian having custody of an unemancipated minor is liable for the same penalty, the greater of $100 or the retail value, up to $1,000. A government or private agency assigned the child by court order or agency action is not liable.

How long can a Montana store hold a suspected shoplifter?

Under MCA 46-6-506, the merchant must let the person go once the purpose of the stop is accomplished or 30 minutes have passed, whichever comes first, unless the person is arrested and turned over to a peace officer. The stop must be reasonable in manner and time.