Montana Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Montana does not grade felonies into classes or degrees; each offense statute sets its own penalty. 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)). When an offense is designated a felony and no penalty is otherwise provided, the court may sentence the offender to any term not to exceed 10 years in the state prison, a fine not to exceed $50,000, or both (§ 46-18-213).

Montana does not grade misdemeanors into classes. 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 imprisonment in a state prison for a term of 1 year or less (§ 45-2-101(42)). When an offense is designated a misdemeanor and no penalty is otherwise provided, the court may impose a term not to exceed 6 months in the county jail, a fine not to exceed $500, or both (§ 46-18-212).

Theft becomes a felony when the value of the property exceeds $1,500: fine not to exceed $50,000, imprisonment in a state prison for a term not to exceed 10 years, or both (§ 45-6-301(7)(b)(i)); any amount of anhydrous ammonia stolen to manufacture dangerous drugs is also in this tier. Property not exceeding $1,500 (misdemeanor): first or second offense — fine not to exceed $1,500, county jail not to exceed 6 months, or both; third or subsequent offense — a $1,500 fine and 30 days to 6 months in county jail (§ 45-6-301(7)(a)). Theft of hoofed animals, embezzlement over $10,000 (not less than 1 year or more than 10 years) and theft of a light vehicle (up to $50,000 and/or up to 10 years) have their own felony penalties.

Montana has a stand-your-ground rule. Except as provided in § 45-3-105, a person who is lawfully in a place and is threatened with bodily injury or loss of life 'has no duty to retreat from a threat or summon law enforcement assistance prior to using force' (§ 45-3-110). The justification is not available to a person who is attempting, committing or fleeing after a forcible felony, or who purposely or knowingly provokes the use of force against himself or herself, unless the force is so great that the person reasonably believes he or she is in imminent danger of death or serious bodily harm and 'has exhausted every reasonable means to escape the danger,' or the person withdraws in good faith and clearly indicates the desire to end the use of force (§ 45-3-105).

Defense of an occupied structure: force likely to cause death or serious bodily harm is justified only if the entry is made or attempted and the person reasonably believes the force is necessary to prevent an assault upon the person or another then in the occupied structure, or the person reasonably believes the force is necessary to prevent the commission of a forcible felony in the occupied structure (§ 45-3-103(2)). 'Occupied structure' means 'any building, vehicle, or other place suitable for human occupancy or night lodging of persons or for carrying on business, whether or not a person is actually present,' including adjacent outbuildings habitually used for personal use or employment; each separately secured or occupied unit is a separate occupied structure (§ 45-2-101(47)). No duty to retreat applies (§ 45-3-110).

No limit: deliberate homicide, mitigated deliberate homicide, and negligent homicide may be prosecuted at any time (§ 45-1-205(1)(a)); listed sexual offenses (including §§ 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508 and others) may be prosecuted at any time if the victim was under 18 when the offense occurred (§ 45-1-205(1)(c)). Certain listed sexual offenses otherwise: within 10 years (§ 45-1-205(1)(b)). General limits: felonies — within 5 years after the offense; misdemeanors — within 1 year (§ 45-1-205(2)). Extensions apply for theft involving breach of fiduciary obligation, unlawful computer use, certain fish and wildlife and outfitter misdemeanors (3 years), and DNA identification (1 year after identification).

Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301).

The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee.

A victim is incapable of consent if the victim is 'less than 16 years old' (§ 45-5-501(1)(b)(iv)). Sexual intercourse without consent where 'the victim is less than 16 years old and the offender is 4 or more years older than the victim' is punishable by life imprisonment or imprisonment in the state prison for a term of not less than 4 years or more than 100 years, and a fine of not more than $50,000 (§ 45-5-503(3)(a)). If 'the victim is at least 14 years of age and the offender is 18 years of age or younger,' the offender may instead be punished by up to 5 years and a fine of not more than $10,000 when the offender has no prior sexual-offense findings, a psychosexual evaluation supports relief from registration, and the court finds the conduct was consensual (§ 45-5-503(5)).

Adult-use marijuana is legal for persons 21 or older (and registered cardholders): possessing, purchasing, using or transporting '1 ounce or less of usable marijuana,' of which not more than 8 grams may be in concentrated form and not more than 800 milligrams of THC may be in edible products (§ 16-12-106(1)(a)). Home cultivation: up to two mature marijuana plants and two seedlings (registered cardholders: four mature plants and four seedlings), kept in a locked space at one private residence and not visible from a public place (§ 16-12-106(1)(c)). Possession of more than 1 ounce but less than 2 ounces (or more than 8 but less than 16 grams of concentrate): forfeiture and a civil fine of up to $200 for a first violation, $300 for a second, $500 for a third or later (§ 16-12-106(7)). Smoking in a public place outside a licensed area: civil fine not exceeding $50. Persons under 21 without a registry card are punishable under § 45-5-639.

Simple assault is purposely or knowingly causing bodily injury to another, negligently causing bodily injury with a weapon, making insulting or provoking physical contact, purposely or knowingly causing reasonable fear of bodily injury, or giving someone rohypnol, flunitrazolam or GHB without consent. It is a misdemeanor punishable by a fine not to exceed $500, up to 6 months in county jail, or both. Aggravated assault, a felony, is purposely or knowingly causing serious bodily injury, or using physical force or contact to cause reasonable fear of serious bodily injury or death; it carries up to 20 years in state prison and a fine of not more than $50,000. Assault with a weapon (causing bodily injury with a weapon, or causing reasonable fear of serious bodily injury with a weapon or what reasonably appears to be one) is also a felony with up to 20 years, a fine up to $50,000, or both.

Montana has no separate battery crime. Unwanted touching is part of the assault statute: purposely or knowingly making physical contact of an insulting or provoking nature with any individual is assault, a misdemeanor punishable by a fine not to exceed $500, up to 6 months in county jail, or both.

Montana has a separate crime called partner or family member assault: purposely or knowingly causing bodily injury to, or reasonable fear of bodily injury in, a partner (spouse, ex-spouse, co-parent, or current or past dating or intimate partner) or a family member, or negligently injuring one with a weapon. A first offense carries a fine of $100 to $1,000 and 24 hours to 1 year in county jail; a second offense carries a fine of $300 to $1,000 and 72 hours to 1 year in jail. A third or subsequent offense is a felony-level offense with a fine of $500 to $50,000 and 30 days to 5 years (state prison if over 1 year). Strangling a partner or family member (impeding breathing or blood circulation by pressing on the throat or neck or blocking the nose and mouth) is a separate felony punishable by up to 5 years in state prison, a fine up to $50,000, or both, and 2 to 20 years for a second or subsequent offense.

Montana has no separate shoplifting crime; it is charged as theft. A first or second conviction for theft of property not exceeding $1,500 in value is a misdemeanor punishable by a fine not to exceed $1,500, up to 6 months in county jail, or both. A third or subsequent conviction carries a mandatory $1,500 fine and 30 days to 6 months in county jail; prior convictions do not by themselves make low-value theft a felony. Under the civil shoplifting statute, an adult who takes goods from a store owes the merchant a penalty of the greater of $100 or the retail value of the goods, not to exceed $1,000, in addition to actual damages, even if the goods are returned unharmed; parents of minors owe the same penalty.

Burglary is knowingly entering or remaining unlawfully in an occupied structure with the purpose to commit an offense there, or committing another offense inside; it is a felony punishable by up to 20 years in state prison, a fine up to $50,000, or both. It becomes aggravated burglary, punishable by up to 40 years and a fine up to $50,000, when the burglar or an accomplice is armed with explosives or a weapon, or anyone is injured or an injury is attempted during the entry, the offense or the getaway. Robbery is, in the course of a theft, inflicting or threatening bodily injury, putting someone in fear of immediate bodily injury, or committing or threatening any felony other than theft; it is a felony punishable by 2 to 40 years in state prison and a fine of not more than $50,000.

Vandalism is called criminal mischief in Montana: knowingly or purposely damaging, destroying or tampering with another's property or public property without consent, damaging property to defraud an insurer, or leaving open a gate the person opened. It is a misdemeanor punishable by a fine not to exceed $1,500, up to 6 months in county jail, or both, and restitution is mandatory. It becomes a felony, with a fine up to $50,000, up to 10 years in state prison, or both, when the loss exceeds $1,500 (amounts from one scheme can be added together), when a commonly domesticated hoofed animal is injured or killed, or when public services are substantially interrupted.

Criminal trespass to property is knowingly entering or remaining unlawfully in an occupied structure or on the premises of another. Montana uses one penalty whether the trespass is on land or in a building: a fine not to exceed $500, up to 6 months in county jail, or both, with no higher tier for repeat offenses. A conviction for trespassing on fish, wildlife and parks property, or on any property while hunting, fishing, trapping or collecting antlers or horns, can also cost the person hunting, fishing or trapping privileges for up to 24 months.

Possessing any dangerous drug (other than amounts allowed under the state marijuana law) is criminal possession of dangerous drugs, punishable by up to 5 years in state prison, a fine up to $5,000, or both. A person convicted of a first violation is presumed entitled to a deferred imposition of the prison sentence. Using or possessing drug paraphernalia with intent to use it with a dangerous drug is a misdemeanor with up to 6 months in county jail, a fine up to $500, or both, and a first violation also carries a presumption of deferred imposition of sentence.

A driver who knows or should know they were in an accident with another person must stop, stay at the scene, give their information and render aid. Leaving the scene of an injury crash is punishable by 30 days to 1 year in jail, a fine of $100 to $5,000, or both. If the crash caused serious bodily injury or death, leaving is a felony punishable by 1 to 10 years in state prison, a fine up to $50,000, or both, and the driver's license is revoked. Other violations of the accident-reporting law, such as failing to stop after striking an unattended vehicle or other property, are misdemeanors with a fine of $200 to $300 or up to 20 days in jail for a first conviction, rising for repeat convictions within 1 year.

Reckless driving is operating a vehicle in willful or wanton disregard for the safety of persons or property, including while passing a stopped school bus showing flashing red signals. It is a criminal offense punishable on a first conviction by up to 90 days in jail, a fine of $100 to $500, or both, and on a second or later conviction by 5 days to 6 months in jail, a fine of $500 to $1,000, or both. Reckless driving that results in the death or serious bodily injury of another person is punishable by a fine up to $10,000, up to 1 year of incarceration, or both.

Stalking is purposely or knowingly engaging in a course of conduct aimed at a specific person (following, monitoring, harassing or communicating by any means, including electronic, digital or GPS devices) that would cause a reasonable person to fear for their own safety or the safety of a third person, or suffer other substantial emotional distress. A first offense carries up to 1 year in county jail, a fine up to $1,000, or both. It becomes a felony, punishable by up to 5 years in state prison, a fine up to $10,000, or both, for a second offense within 20 years, or on a first offense if the stalker violated a protection order, used or threatened force or a weapon, or the victim is a minor at least 5 years younger than the offender. Separately, using electronic communication to threaten, terrify or harass someone, or repeatedly disturbing them, is violating privacy in communications: up to 6 months and $500 for a first conviction, up to 1 year and $1,000 for a second, and a felony with up to 5 years and $10,000 for a third or later conviction.

Resisting arrest is knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by any other means that risks physical injury; it is a misdemeanor with a fine not to exceed $500, up to 6 months in county jail, or both. Knowingly obstructing or hindering law enforcement or a government function is obstructing a peace officer, with the same penalty. Fleeing or eluding police in a vehicle (failing to stop for an officer's signal while speeding 10 or more mph over the limit, speeding up, turning off the lights or otherwise trying to get away) is a misdemeanor with up to 1 year and $2,000. Aggravated fleeing (a prior fleeing conviction, reckless driving, over $5,000 in property damage, or leaving the state) is a felony with up to 5 years and $5,000, and fleeing that causes serious bodily injury or death is a felony with up to 10 years and $10,000.

Missing court after being released by court order on condition of appearing is called bail-jumping in Montana when the person purposely fails, without lawful excuse, to appear. Bail-jumping in connection with a felony is punishable by up to 10 years in state prison; in all other cases it is punishable by a fine up to $500, up to 6 months in county jail, or both. For misdemeanor charges, the offense applies only when the judge released the defendant on his or her own recognizance (§ 45-7-308). Separately, if a defendant violates a release condition, including failing to appear, a judge may issue a warrant for the defendant's arrest and may declare posted bail forfeited (§ 46-9-503).

On a petition showing probable cause that an offender violated a condition of a suspended or deferred sentence, the judge may order a revocation hearing and may issue an arrest warrant; the offender must be brought before the judge within 60 days of arrest and told at least 10 days before the hearing of the allegations and the right to present evidence, question witnesses and have counsel (§ 46-18-203(1), (5)). 'At the hearing, the prosecution shall prove, by a preponderance of the evidence,' that a violation occurred (§ 46-18-203(7)). If a violation is found, the judge may continue the sentence unchanged, continue it with modified conditions (including up to 9 months in a secure facility or community corrections program), revoke the suspension and impose a sentence no longer than the original, or, for a deferred sentence, impose any sentence that could originally have been imposed (§ 46-18-203(8)). If the violation is not proven, the petition must be dismissed and the offender released (§ 46-18-203(9)).

Obstructing justice in Montana means, knowing someone is an offender, purposely hiding the person, warning the person of arrest, giving money, transportation or a disguise, using force, deception or intimidation to stop someone from helping catch the person, destroying evidence, or helping the person escape; it is punishable by up to 10 years in state prison if the offender faces a felony, or up to $500 and 6 months in county jail if a misdemeanor (§ 45-7-303). Obstructing a peace officer or other public servant (knowingly hindering law enforcement or a government function) is punishable by a fine up to $500, up to 6 months in county jail, or both (§ 45-7-302). Tampering with witnesses and informants (trying to get a witness to lie, withhold evidence, dodge a subpoena or skip a proceeding) is punishable by up to 10 years in state prison, a fine up to $50,000, or both (§ 45-7-206).

Perjury is knowingly making a material false statement under oath in an official proceeding; it is punishable by up to 10 years in state prison, a fine of not more than $50,000, or both. Retracting the false statement during the same proceeding, before it is exposed and before it substantially affects the case, is a defense, and a conviction cannot rest solely on the testimony of a single other person (§ 45-7-201). False swearing (a knowingly false sworn statement in an official proceeding, made to mislead a public servant, or in a notarized statement) is punishable by a fine up to $500, up to 6 months in county jail, or both (§ 45-7-202).

Being drunk in public is not a crime under Montana local law: a county, city or other political subdivision 'may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.' Drunk driving and laws on the sale, possession or use of alcohol at stated times and places or by particular persons are not affected.

Disorderly conduct is knowingly disturbing the peace by quarreling or fighting, making loud or unusual noises, using threatening, profane or abusive language, blocking traffic or entrances, disrupting a lawful meeting, giving a false fire or catastrophe report that endangers life, or creating a hazardous or physically offensive condition for no legitimate purpose. It is punishable by a fine up to $100, up to 10 days in county jail, or both. A false report of an impending explosion that endangers life is punishable by a fine up to $1,000, up to 1 year in county jail, or both.

Indecent exposure is knowingly or purposely exposing one's genitals or intimate parts (including electronically), when likely to cause affront or alarm, to abuse, humiliate or harass someone or for sexual gratification. A first conviction carries a fine up to $500, up to 6 months in county jail, or both; a second up to $1,000 and 1 year in jail; and a third or subsequent conviction is a felony with up to $10,000 and 10 years in state prison. Indecent exposure to a minor (a child under 16, where the offender is more than 4 years older) carries a fine up to $50,000 and a prison term of 4 to 100 years unless the judge finds good cause for less. A separate offense covers exposure in a public place to members of the opposite biological sex, with the same escalating penalties (§ 45-5-504). The sex-offender registration law lists indecent exposure under § 45-5-504(2)(c), (3) and (4) as a 'sexual offense' (§ 46-23-502(10)).

Prostitution is engaging in, agreeing or offering to engage in sexual activity for compensation; a prostitute may be convicted only for sexual intercourse for compensation and faces a fine up to $500, up to 6 months in county jail, or both. A patron (buyer) faces up to $5,000 and up to 5 years for a first offense, and up to $10,000 and 10 years for a second or subsequent offense. An adult patron of a child (or of someone the patron believed was a child, such as an undercover officer) must be sentenced to 100 years in state prison, with the first 25 years not suspendable and without parole except as § 46-18-222 provides (§ 45-5-601). The registration law lists § 45-5-601(2)(b) and (3) (patronizing) as a 'sexual offense' (§ 46-23-502(10)).

'Except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited' (§ 23-5-151). Authorized forms include the state lottery and sports wagering run by the Montana state lottery, which may be done in person or on mobile devices only within the physical confines of an approved licensed sports wagering facility (§ 23-7-103); licensed video gambling machines (bingo, poker, keno, video line and multigame) at licensed operators (§ 23-5-603); live card game tables under permit (§ 23-5-306); and raffles, bingo, Calcutta pools and sports pools under Title 23, chapter 5. Internet gambling, including online casinos using any currency, is defined as an illegal gambling enterprise, and tribal class II and III gaming on Indian lands is excluded from that definition (§ 23-5-112). Possessing an illegal gambling device or operating an illegal gambling enterprise is a misdemeanor: up to $500 for a first offense, rising to up to $1,000 and 6 months in jail, then up to $10,000 and 1 year for repeat convictions within 5 years (§§ 23-5-152, 23-5-161); cheating or using an illegal gambling device to obtain more than $750 is a felony (§ 23-5-156).

Embezzlement is a form of theft in Montana: 'theft of property by embezzlement' is purposely or knowingly taking unauthorized control of, or obtaining by deception, property of one's employer or property entrusted to the person, with the purpose to deprive the owner (§ 45-6-301(6)). Embezzlement of property not exceeding $1,500 is a misdemeanor (fine up to $1,500, up to 6 months in county jail, or both; a third or later conviction carries a $1,500 fine and 30 days to 6 months); over $1,500 is a felony with up to $50,000 and 10 years in state prison. Embezzlement of property exceeding $10,000 carries a state prison term of not less than 1 year or more than 10 years and a fine up to $50,000, though the court may order probation with restitution. Amounts from a common scheme may be added together.

Theft of identity is purposely or knowingly obtaining another person's identifying information and using it for any unlawful purpose. If no economic benefit or less than $1,500 was gained or attempted, the penalty is a fine up to $1,500, up to 6 months in county jail, or both (up to $3,000 and 1 year if the victim is a minor, incapacitated person or vulnerable adult); if $1,500 or more, it is a felony with up to $10,000 and 10 years in state prison (up to $20,000 and 20 years for those victims) (§ 45-6-332). Credit card fraud (using another's card without consent, or a revoked, counterfeit, fictitious or expired card) is charged as deceptive practices: up to $1,500 and 6 months, or up to $50,000 and 10 years if part of a common scheme or over $1,500 (§ 45-6-317).

Forgery is knowingly, with purpose to defraud, making or altering a document without authority, passing one knowing it was forged, possessing one to pass it, or possessing forging equipment; it is punishable by a fine up to $1,500, up to 6 months in county jail, or both, and becomes a felony with up to $50,000 and 20 years in state prison if part of a common scheme or if more than $1,500 is obtained or sought (§ 45-6-325). Issuing a bad check knowing it will not be paid carries up to $1,500 and 6 months, or up to $50,000 and 10 years if part of a common scheme or over $1,500; failing to make good within 5 days after written notice is evidence the writer knew (§ 45-6-316).

Blackmail or extortion for property is charged as theft in Montana: purposely or knowingly obtaining control over another's property 'by threat or deception' (§ 45-6-301(2)), with the theft penalties by value (misdemeanor up to $1,500; felony with up to 10 years and $50,000 above $1,500). Intimidation, a felony, is communicating a threat to inflict physical harm, to restrain someone, or to commit any felony, in order to make another person do or not do something; it is punishable by up to 10 years in state prison, a fine up to $50,000, or both (§ 45-5-203).

Montana does not use first and second degrees. Deliberate homicide is purposely or knowingly causing a death, causing a death during or while fleeing a forcible felony such as robbery, rape, arson, burglary or kidnapping (felony murder), or knowingly killing the fetus of a woman known to be pregnant. It is punishable by death (not for offenders under 18), life imprisonment, or 10 to 100 years in state prison. Mitigated deliberate homicide is a deliberate killing committed under extreme mental or emotional stress for which there is a reasonable explanation or excuse, punishable by 2 to 40 years and a fine up to $50,000.

Montana has no offense called manslaughter. Negligent homicide (negligently causing a death) carries up to 20 years in state prison and/or a fine up to $50,000. Vehicular homicide while under the influence (negligently causing a death while driving under the influence of alcohol or drugs) carries up to 30 years and/or a fine up to $50,000, the sentence may not be deferred, and restitution is required if the victim had a minor child. The killing done under extreme emotional stress is mitigated deliberate homicide (2 to 40 years).

Endangering the welfare of children covers a parent or supervisor who knowingly endangers a child under 18 by violating a duty of care, an adult who contributes to delinquency (for example supplying intoxicants or marijuana to a child, or encouraging a child under 16 to run away or engage in sexual conduct), and committing domestic assault in front of a child. It is a misdemeanor with up to $500 and/or six months in jail (up to $1,000 for a second offense); making dangerous drugs where children may be present is a felony with up to five years and $10,000, or up to ten years and $25,000 if a child is seriously injured. Criminal child endangerment, a separate felony, covers causing a substantial risk of death or serious injury to a child under 14 (for example denying urgent medical care, or driving under the influence with the child in the car), with up to ten years and/or $50,000. The statute says letting a child walk to school, play outside or stay home alone at a mature age is not neglect.

Montana has one arson offense, not degrees: by fire or explosives, knowingly or purposely damaging another's structure, vehicle, crops, forest or personal property worth over $1,500 without consent, damaging one's own property to commit fraud, or placing another person (including a firefighter) in danger of death or bodily injury. It carries up to 20 years in state prison and/or a fine up to $50,000. Negligent arson (purposely starting a fire that negligently endangers another's property) is a misdemeanor with up to $500 and/or six months, or a felony with up to ten years and/or $50,000 if it endangers a person.

Cruelty to animals is knowingly or negligently mistreating or neglecting an animal without justification, including beating, torturing or killing it, cruel confinement, failing to provide food, water, shelter from weather or urgent veterinary care, or abandoning it. A first offense carries up to $1,000 and/or one year in county jail. A second offense, or aggravated animal cruelty (killing or harming an animal to terrify, torture or mutilate it, or cruelty to 10 or more animals), carries up to $2,500 and/or two years with the Department of Corrections. The court must order the defendant to pay veterinary costs and must prohibit or limit the defendant's ownership, possession or custody of animals during the sentence, and an owner may be required to forfeit the animals.

Yes. Under the privacy in communications law, publishing, distributing or disclosing real or digitally fabricated images of an identifiable person's intimate parts or sexual acts without consent, to terrify, intimidate, threaten, harass or injure or to get money, or threatening to disclose such images to get money, is a misdemeanor for a first offense (up to $500 and/or six months) and a felony for a second or later offense (up to five years and/or $25,000). A separate offense, disclosing explicit synthetic media (AI-made sexual images), carries up to $1,000 and/or one year, up to five years and $10,000 for a repeat, and up to ten years and $10,000 if the person shown is under 18. A civil remedy statute was not found in these sections.

Violating privacy in communications includes using electronic communication to threaten injury, harass with repeated obscene or lewd messages, extort, or repeatedly disturb someone's peace; the penalty is up to $500 and/or six months for a first offense, up to one year and/or $1,000 for a second, and up to five years and/or $10,000 for a third or later. The school bullying law prohibits bullying of K-12 public school students but does not create a criminal penalty.

No separate sexting offense or youth diversion rule was found in the criminal code. The sexual abuse of children statute covers photographing or recording a child in sexual conduct, distributing such images, and possessing them, and it states no exception for minors who make or share images of themselves or peers. Possession alone carries up to ten years and/or a $10,000 fine; other forms carry up to life or 100 years.

Money laundering is knowingly receiving or dealing in the proceeds of unlawful activity, providing anything of value to further unlawful activity, moving such proceeds, or conducting a transaction designed to conceal them or avoid federal reporting. It carries up to $1,500 and/or six months in jail, but if the proceeds or item of value exceed $1,500, or the laundering is part of a common scheme, it carries up to 20 years in state prison and/or a fine up to $50,000. Money, property and real estate involved must be forfeited.

Sex trafficking (running or promoting prostitution, or recruiting, transporting or harboring a person knowing they will be prostituted, or profiting from it) carries 2 to 20 years and/or a $400,000 fine; aggravated sex trafficking (using fraud, coercion or deception on an adult, or recruiting from a shelter) carries 5 to 40 years. Labor trafficking (using coercion to force labor or services) carries up to 15 years, or 4 to 50 years if the victim is under 18. Child sex trafficking carries 100 years in prison with the first 25 years not suspendable and no parole, plus a $400,000 fine and lifetime supervision; a child's consent or belief that the child was an adult is no defense. Patronizing a sex trafficking victim carries up to 15 years, or 100 years if the victim was a child.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection, or where a pedestrian tunnel or overpass is provided, must yield the right-of-way to all vehicles, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk. A violation of the traffic code is a misdemeanor punished by a fine of $10 to $100 for a first conviction, $25 to $200 for a second within a year, and $50 to $500 for a third within a year.

Knowingly possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a highway is an offense that applies to drivers and passengers alike. Exceptions include a locked glove box, the trunk, truck bed or area behind the last upright seat, and passengers in a bus, taxi or limousine with a hired driver or in the living quarters of a camper or motor home. The fine is up to $100; it is not a criminal offense for record purposes, is not recorded on the driver's record, and insurers may not raise premiums for it.

A person under 21 who knowingly drinks, possesses or gives away alcohol (minor in possession) faces a $100 to $300 fine, 20 hours of community service and an alcohol information course for a first offense, $200 to $600 and 40 hours for a second, and $300 to $900 and 60 hours for a third, with a chemical dependency assessment for repeat offenses and possible jail up to six months for a third offense by an adult 18 to 20. For offenders under 18 the court must also confiscate the driver's license for 30 days on a first offense and six months on a later offense, with further suspension if the course is not completed. Attempting to buy alcohol under 21 carries a fine up to $150. Displaying a fictitious or altered license or one issued to someone else (a fake ID) is a misdemeanor with up to $500 and/or six months.

Driving on a public highway while one's driving privilege is suspended or revoked carries a fine up to $500 and/or up to six months in jail. If the suspension was for a DUI conviction or a test refusal, the penalty is 2 days to 6 months in jail and/or a fine up to $2,000, plus up to 40 hours of community service. On conviction the department extends the suspension or revocation by one year.

Driving on a Montana highway without a valid driver's license, unless exempt, carries a fine of up to $500. A licensed driver must have the license (a department-issued hard copy or digital version) in immediate possession while driving and show it on demand, but a person who later produces a license valid at the time of the stop may not be convicted.

Montana's concealed-weapon offense now applies only to firearms, so the state criminal code no longer restricts carrying a concealed knife, and the former section listing dirks, daggers and switchblades was repealed in 2021. Possessing, carrying or storing a knife with a blade 4 inches or longer, a sword or a straight razor in a public school building is a misdemeanor with up to $500 and/or six months in jail, unless the school trustees gave permission. Local governments may not regulate the possession or open carry of weapons, though they may restrict unpermitted concealed weapons and weapons carried into publicly owned buildings.

Permissible fireworks are consumer fireworks that meet federal consumer-fireworks rules; they may be sold only from June 24 through July 5 and December 29 through December 31, and not within 300 feet of a hospital or church. No one under 18 may sell them, and it is unlawful to set off fireworks in a state park, forest or recreation area, within 100 feet of a fireworks stand, from or toward a vehicle, or near people or animals in a way likely to injure them. A violation is a misdemeanor with a fine of $100 to $500 and/or 30 days to six months in jail. Cities and towns that have banned fireworks sales under 7-33-4206 keep their bans.

Montana has three restraint offenses; each statute sets its own penalty because Montana does not use felony classes. Unlawful restraint (knowingly restraining someone so as to substantially interfere with their liberty) is punishable by up to 6 months in county jail and/or a $500 fine. Kidnapping (restraining someone by hiding or isolating them or by force or threat of force) carries 2 to 10 years in state prison and a fine up to $50,000. Aggravated kidnapping (kidnapping for ransom, as a shield or hostage, to commit a felony, to injure or terrorize, to interfere with government, or for involuntary servitude) is punishable by death or life, or 2 to 100 years, and a fine up to $50,000; if the victim is released alive, in a safe place and without serious injury, the range is 2 to 10 years.

Threatening someone to make them do or not do something (called intimidation) means communicating a threat to inflict physical harm, confine or restrain someone, or commit any felony, in circumstances that reasonably make the person fear it will be carried out. Knowingly communicating a threat or false report of a pending fire, explosion or disaster that would endanger life or property is also intimidation. It is punishable by up to 10 years in state prison, a fine up to $50,000, or both.

Stealing a car or other light vehicle is theft and is punishable by up to 10 years in state prison, a fine up to $50,000, or both, regardless of value. Joyriding (called unauthorized use of motor vehicles: knowingly operating someone else's car, motorcycle, motorboat, airplane or other motor vehicle without consent) is punishable by up to 6 months in county jail and/or a $500 fine; it is a defense that the person reasonably believed the owner would have consented.

Montana charges receiving stolen property as theft: knowingly obtaining control over property known to have been stolen by someone else, with the purpose of depriving the owner (or using or hiding it so the owner is deprived). Property worth $1,500 or less: up to 6 months in county jail and/or a $1,500 fine for a first or second offense, and a $1,500 fine plus 30 days to 6 months for a third or later offense. Property worth more than $1,500: up to 10 years in state prison and/or a $50,000 fine. Amounts taken in a common scheme may be added together.

Retail theft rings are charged under Montana's general theft statute. Amounts stolen as part of a common scheme or the same transaction, whether from one victim or several, may be added together to set the value, and theft of property worth more than $1,500 is punishable by up to 10 years in state prison and/or a $50,000 fine. No section titled organized retail theft appears in Montana's theft part (Title 45, chapter 6, part 3).

Selling, trading or giving away a dangerous drug (called criminal distribution of dangerous drugs) is punishable by up to 25 years in state prison and/or a $50,000 fine; sharing or giving away is sentenced as possession. An adult distributing to a minor faces up to 40 years for a first offense and up to life for a repeat; distribution that causes a death carries up to 100 years and a $100,000 fine. Possession with intent to distribute is punishable by up to 20 years and/or $50,000. Distributing more than 100 pills or 10 grams of fentanyl-type drugs, or possessing any fentanyl with intent to distribute, carries 2 to 40 years, and the first 2 years cannot be suspended or deferred (parole ineligible) except as 46-18-222 allows. Montana has no separate weight-based 'trafficking' offense in these sections.

Getting or trying to get a dangerous drug by fraud (called fraudulently obtaining dangerous drugs) includes deceit or misrepresentation, pretending to be a doctor or pharmacist, using a forged or fake prescription or a false name or address, and 'doctor shopping': knowingly not telling a practitioner that one received the same or a similar drug or prescription from another source within the prior 30 days. A first conviction carries 1 to 5 years in state prison and/or a fine up to $50,000; a second conviction carries 5 to 10 years and/or up to $50,000. Altering labels on dangerous drugs is punishable by up to 6 months in county jail.

Injuring someone by driving negligently while under the influence of alcohol or drugs is called negligent vehicular assault. Causing bodily injury is punishable by up to 1 year in county jail and/or a $1,000 fine; causing serious bodily injury is punishable by up to 10 years and/or a $10,000 fine. Restitution must be ordered in either case, and the judge may suspend incarceration on condition that the fine and restitution are paid.

Street racing (taking part in or helping with a motor vehicle race, speed contest or exhibition of speed on a public highway or street without written permission of the state, county or city and full patrolling of the course) is a misdemeanor. The penalty is a fine of $50 to $500, up to 6 months in county or city jail, or both. The racing sections read did not set a license or vehicle penalty.

Operating a motorboat (including a motor-powered sailboat) or being towed on waterskis or a similar device while under the influence of alcohol, drugs or both is prohibited. The DUI blood-alcohol inferences of 61-8-1002 and the DUI testing rules apply, and refusing a test may be used as evidence. Unless otherwise specified, a violation is a misdemeanor punishable by a fine of $15 to $500, up to 6 months in jail, or both.

Criminal insurance fraud means purposely or knowingly presenting false, incomplete or misleading information in support of an insurance claim, submitting a materially false or altered insurance application, a health care provider submitting a false bill or report, or presenting false insurance documents. When the benefit is worth $1,500 or less, the penalty is up to 6 months in county detention and/or a $1,500 fine; over $1,500, or as part of a common scheme, up to 10 years in state prison and/or a $50,000 fine.

Knowingly getting public assistance by a willfully false statement, impersonation or other fraud is treated as theft: up to 6 months and/or $1,500 at $1,500 or less, and up to 10 years and/or $50,000 above $1,500. Misusing or trading food stamp benefits carries up to 6 months and/or $1,500, or up to 10 years and/or $50,000 if over $1,500 or part of a common scheme. Medicaid fraud follows the same $1,500 line, with fines up to the greater of $50,000 or 10 times the payments obtained. Unemployment benefits fraud is a crime under the theft or false-statement laws; the person is disqualified from benefits for up to 52 weeks and must repay the benefits plus a 50% penalty.

Bribery means purposely or knowingly offering, giving or agreeing to give (or asking for or accepting) a benefit in exchange for a public servant's, party official's or voter's decision, vote or other exercise of discretion, for official action in a court or agency proceeding, or for violating a known duty. It is punishable by up to 10 years in state prison and/or a $50,000 fine, and the person is forever disqualified from holding public office in Montana.

Montana's uniform tax-penalty statute treats tax fraud and willful non-filing with civil penalties assessed by the Department of Revenue: filing a fraudulent return adds a penalty of 75% of the underpaid tax, and purposely or knowingly failing to file adds 15% of the tax due per month, up to 75%. A frivolous return carries a $2,500 penalty. A separate section says a prosecution for an offense under 15-1-216 must begin within 3 years.

Montana calls rape 'sexual intercourse without consent': knowingly having sexual intercourse with someone without consent or who cannot consent. It is punishable by life imprisonment or up to 20 years in prison and a fine of up to $50,000; if the offender causes bodily injury the range is 4 to 100 years or life, and in a gang assault each offender faces 5 to 100 years or life. 'Sexual assault' is knowingly subjecting someone to sexual contact without consent: up to 1 year in county jail and $1,000 for a first conviction, up to 5 years for a second and up to 10 years for a third or later, but 4 to 100 years or life if the offender causes bodily injury. Age-based offenses are covered on the age-of-consent page.

Sexual contact without consent with a child under 16 by someone 3 or more years older (sexual assault) is punishable by life imprisonment or 4 to 100 years in prison (a judge may go below 4 years for good cause stated in writing) and a fine of up to $50,000; a child under 14 cannot consent if the offender is 3 or more years older. Sexual intercourse without consent with a child under 16 by someone 4 or more years older carries life or 4 to 100 years. If the victim was 12 or younger and the offender was 18 or older, the sentence is 100 years in prison, with the first 25 years not suspendable and no parole during that time, followed by lifetime supervision and satellite monitoring.

Child pornography offenses fall under 'sexual abuse of children.' Knowingly possessing material showing a child in sexual conduct, including computer-generated or AI-created images, is punishable by up to 10 years in prison, a fine of up to $10,000, or both. Producing, distributing, selling, advertising, or possessing such material with intent to sell carries life or up to 100 years and up to $10,000, and at least 4 years if the victim is under 16. If the victim was 12 or younger and the offender 18 or older, the sentence is 100 years with 25 years before parole eligibility.

Using any means of communication, including electronic communication, to persuade, entice or direct a child under 16 (or an undercover officer believed to be one) to engage in sexual conduct, or to view sexual material to induce illegal sexual activity, is sexual abuse of children. So is traveling to meet such a child for sex, or arranging the child's travel. The penalty is life imprisonment or 4 to 100 years in prison and up to $10,000; if the child is (or is believed to be) 12 or younger and the offender is an adult, 100 years with 25 years before parole eligibility. It is no defense that the 'child' was actually an adult or officer.

Sexual and violent offenders must register: immediately after sentencing if not confined, at least 10 days before release from confinement, and within 3 business days of moving into a county or arriving as a transient. A sexual offender must register for life, but a level 1 offender may petition a court for relief after 10 years and a level 2 offender after 25 years if the record is clean and the court finds registration no longer needed; a level 3 offender registers for life (25 years if the offense was a juvenile adjudication and the record stays clean). Violent offenders generally register for 10 years. Knowingly failing to register, verify or keep registration current is punishable by up to 5 years in prison, a fine of up to $10,000, or both.

Montana does not bar every person with a felony record from having a gun. It is a crime for a person to buy or possess a firearm after being convicted of a felony that drew an added sentence for using a dangerous weapon (or an equivalent out-of-state or federal offense), or of a felony that currently requires registration as a sexual or violent offender. The penalty is 2 to 10 years in prison. These offenders are sentenced to lifetime firearms supervision, but may apply to the district court for a permit to possess specific firearms on showing good cause, and a person holding such a permit cannot be convicted.

Unlawful use of a computer covers knowingly and without authorization accessing a computer or network without the owner's consent, destroying or disabling a system, introducing malicious code (including code that deletes, encrypts or otherwise makes data or systems unavailable), destroying or taking protected data, using another person's login credentials, or using someone's computer to track or monitor them. If the loss is $1,500 or less (or cannot be measured), the penalty is up to 6 months in county jail and a fine of up to $1,500; above $1,500 it is up to 10 years in prison and a fine of up to 2 1/2 times the value.

Montana requires the knowledge of all parties: it is a crime (violating privacy in communications) to record a conversation with a hidden device without the knowledge of everyone in the conversation, and to purposely intercept an electronic communication. Recording is allowed if the people are warned (if one person gives the warning, either party may record), at public meetings, and by public officials doing official duties. A first conviction carries up to 6 months in county jail, a fine of up to $500, or both.

Knowingly giving a peace officer false information to implicate someone else, reporting an offense or incident that did not happen, or pretending to have information about an offense is a crime. If the falsely reported crime was a misdemeanor, the penalty is up to 6 months in county jail, a fine of up to $500, or both; if it was a felony, up to 4 years in state prison, a fine of up to $10,000, or both.

Yes. Malicious intimidation or harassment (causing injury, fear of injury, or property damage, including cross burning, because of a person's race, creed, religion, color, national origin, or involvement in civil or human rights activities) is punishable by up to 5 years in prison, a fine of up to $5,000, or both. Any other offense committed for those reasons, or involving damage to a building regularly used for worship, can draw an added consecutive sentence of 2 to 10 years.

A hearings officer first decides whether there is probable cause of a parole violation; if so, the parole officer reports to the Board of Pardons and Parole, which brings the parolee before a hearing panel. For a 'compliance' (technical) violation, the panel can act only if the department's graduated responses have been used up, and may then continue parole, with or without new conditions such as up to 9 months in a secure or community corrections facility. For other violations the panel may continue parole, add conditions including up to 9 months of placement, or revoke parole, and it decides how much violation time counts as time served.

Knowingly violating an order of protection is punishable by up to 6 months in county jail, a fine of up to $500, or both, for a first offense. A second offense carries 24 hours to 6 months in jail and a $200 to $500 fine. A third or later offense carries 10 days to 2 years in jail or prison and a $500 to $2,000 fine. Only the respondent, not the petitioner, can be cited.

Montana uses prosecutor direct filing in adult (district) court with leave of the court. The county attorney may seek to file in district court if the youth was 12 or older and is charged with sexual intercourse without consent, deliberate or mitigated deliberate homicide, certain assaults on a peace officer or judge, or an attempt; or if the youth was 16 or older and is charged with listed offenses such as aggravated assault, robbery, arson, kidnapping, drug distribution or manufacturing, or sex trafficking. For a youth who was 17, the county attorney must seek district court filing for those offenses. The court grants leave on probable cause, and then must hold a hearing within 30 days on sending the case back to youth court, which it can do only on specific findings.

Montana has the death penalty in law. Deliberate homicide (purposely or knowingly killing someone, or a death caused during a forcible felony such as robbery, arson, burglary or kidnapping) may be punished by death, unless the offender was under 18, or by life imprisonment or 10 to 100 years. Aggravated kidnapping may also be punished by death or life under the death-penalty procedures. The judge alone decides a death sentence at a separate hearing on aggravating and mitigating circumstances. The statute sets the method as a continuous intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate combined with a chemical paralytic agent.

In Montana, a person convicted of a felony cannot vote only while serving the sentence in a penal institution (prison or jail). People on probation or parole, and people who have been released, may vote. There is no waiting period or application in the statute; the person must be registered like any other voter.

Montana restores rights largely by law. A conviction does not take away civil or constitutional rights except as the Montana Constitution provides or as the sentencing judge specifically orders as a condition of the sentence, and once the sentence has expired or the person is pardoned, the person 'is restored to all civil rights and full citizenship.' Voting returns on release from the penal institution. The jury statute says a person convicted of any felony is not competent to serve as a juror. Montana does not ban every felon from having guns: the state ban covers felonies that drew a weapon enhancement or that require sexual or violent offender registration, and those offenders may ask the district court for a permit to possess specific firearms on good cause.

Montana has two repeat-offender laws. A 'persistent felony offender' is someone being sentenced for a third felony who has two earlier felonies (each punishable by more than 1 year) and committed the new offense within 5 years of the last conviction or release; at least one of the three must be a sexual or violent offense. If 21 or older, the person gets 5 to 100 years and/or up to $50,000, with the first 5 years not suspendable, or 10 to 100 years if already a persistent offender at the last conviction and within 5 years. Separately, a second conviction for deliberate homicide, aggravated kidnapping, sexual abuse of children, ritual abuse of a minor or aggravated sexual intercourse without consent, or a third conviction from a list that adds mitigated deliberate homicide, aggravated assault, partner strangulation, kidnapping, robbery and child sex trafficking, requires life in prison without parole or early release, unless the death penalty is imposed.

Montana bans the manufacture, storage or sale of synthetic cannabinoids and synthetic cannabinoid products, which the law defines to include any cannabinoid produced artificially, by chemical synthesis or biosynthesis. Hemp products sold by anyone may not exceed 0.5 milligram of total delta-9 THC per serving or 2 milligrams per package (unprocessed hemp flower is exempt from this section). Since May 5, 2025 (S.B. 375, effective on passage), a hemp product intended for eating, smoking, vaping or other use that contains total delta-9 THC may not be sold to a consumer unless the U.S. FDA has authorized it as a food or drug. Marijuana products may be sold only by licensed marijuana businesses.

Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Montana. Possessing them is criminal possession of dangerous drugs, a felony punishable by up to 5 years in state prison and/or a fine of up to $5,000; a person convicted of a first violation is presumed entitled to a deferred imposition of sentence.

Montana regulates hemp products, including CBD products, by THC content rather than banning CBD by name in the sections read. Any hemp product sold may contain no more than 0.5 milligram of total delta-9 THC per serving and 2 milligrams per package, and since May 5, 2025 a hemp product meant for eating, smoking, vaping or other use that contains total delta-9 THC may not be sold to a consumer unless it is FDA-authorized as a food or drug. Artificially produced (synthetic) cannabinoids may not be made or sold.

Montana's own statutes set 18 as the minimum age to buy tobacco, alternative nicotine and vapor products: sellers may not sell or give them to anyone under 18 and must check photo ID if age is in doubt. A person under 18 who possesses or uses these products faces a $50 fine for a first offense, $75 to $100 for a second, and $100 to $250 after that, or may be handled in youth court as a youth in need of intervention, and may be required to do community service or attend a cessation program. Attempting to buy them under 18 carries a $50 fine, then up to $100. (Federal law separately sets a nationwide minimum sale age of 21.)

Montana's 2025 law (H.B. 532, ch. 484) moved elder abuse crimes into the criminal code. A 'vulnerable adult' is anyone 60 or older, or an adult 18 or older with a physical or mental impairment that substantially limits self-care or a developmental disability. Purposely or knowingly abusing, sexually abusing or neglecting a vulnerable adult is a felony punishable by up to 10 years and/or up to $10,000; negligent abuse is a misdemeanor (up to $1,000 and/or 1 year in county jail) the first time and a felony after that. Posting or sharing photos or video meant to demean a vulnerable adult in a private place is a misdemeanor (up to $500 and/or 6 months), then a felony. Financially exploiting a vulnerable or incapacitated adult by deception, duress, fraud, undue influence or intimidation, by someone in a position of trust, a business relationship, or acting as agent, conservator or guardian, carries up to 10 years and/or up to $10,000.

Montana's peeping-tom law is 'surreptitious visual observation or recordation.' It covers hiding or loitering near a home, in person or with a remote device, to secretly watch or record an occupant, and secretly observing or recording another person's sexual or intimate parts in a public place where the person reasonably expects privacy. A first conviction is a misdemeanor (up to $500 and/or 6 months in county jail); a second carries up to $1,000 and/or 1 year; a third or later conviction is a felony with up to $10,000 and/or 5 years. Officers, insurance investigators and licensed private investigators acting in the course of legitimate investigations are exempt.

Assault on a peace officer or judicial officer is a separate felony in Montana. Purposely or knowingly causing bodily injury to an officer or judge, causing bodily injury with a weapon, or causing fear of serious bodily injury with a weapon carries 2 to 10 years in state prison and a fine of up to $50,000; using what only appears to be a weapon carries up to 10 years; causing serious bodily injury carries 5 to 20 years and/or up to $50,000. 'Peace officer' includes anyone, sworn or not, responsible for the care or custody of adult or youth offenders. By comparison, simple assault on anyone else is a misdemeanor with up to $500 and/or 6 months in county jail.