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Criminal Statutes of Limitations in Montana

How long prosecutors in Montana have to file charges for felonies and misdemeanors, and which crimes have no time limit.

Short answer: No limit: deliberate homicide, mitigated deliberate homicide, and negligent homicide may be prosecuted at any time (§ 45-1-205(1)(a)); MCA § 45-1-205

Criminal statutes of limitationsNo 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).

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FAQ

What is the statute of limitations for crimes in Montana?
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).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.