MONTANA TITLE: Offenses Against Property DEFINITIONS: ¤ 45-6-310. DEFINITION_COMPUTER USE As used in 45-6-311, the term "obtain the use of" means to instruct, communicate with, store data in, retrieve data from, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, or computer network or to cause another to instruct, communicate with, store data in, retrieve data from, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, or computer network. OFFENSES: ¤ 45-6-311. Unlawful use of a computer ELEMENTS: ¤ 45-6-311. Unlawful use of a computer (1) A person commits the offense of unlawful use of a computer if he knowingly or purposely: (a) obtains the use of any computer, computer system, or computer network without consent of the owner; (b) alters or destroys or causes another to alter or destroy a computer program or computer software without consent of the owner; or (c) obtains the use of or alters or destroys a computer, computer system, computer network, or any part thereof as part of a deception for the purpose of obtaining money, property, or computer services from the owner of the computer, computer system, computer network, or part thereof or from any other person. PENALTIES: ¤ 45-6-311. Unlawful use of a computer (c)(2) A person convicted of the offense of unlawful use of a computer involving property not exceeding $300 in value shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of the offense of unlawful use of a computer involving property exceeding $300 in value shall be fined not more than 2 1/2 times the value of the property used, altered, destroyed, or obtained or be imprisoned in the state prison for a term not to exceed 10 years, or both. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Mont. Code Ann., ¤¤ 45-6-310, 45-6-311. SOURCE: En. Sec. 2, 3, Ch. 485, L. 1981; amended, Sec. 4, Ch. 581, L. 1983.