Mont. Code Ann. § 45-9-115 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-115
45-9-115 Criminal manufacture of imitation dangerous drug -- penalty
Status: in_force

45-9-115 . Criminal manufacture of imitation dangerous drug -- penalty. (1) A person commits the offense of criminal manufacture of an imitation dangerous drug if the person knowingly or purposely manufactures, prepares, or cultivates any imitation dangerous drug.

(2) A person convicted of criminal manufacture of an imitation dangerous drug is punishable by a fine not to exceed $100,000 or by imprisonment in the state prison for a term of not more than 10 years, or both.
Mont. Code Ann. § 45-8-313 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-313
45-8-313 Unlawful possession of firearm by convicted person
Status: in_force

45-8-313 . Unlawful possession of firearm by convicted person. (1) A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the person has been convicted of:

(a) a felony for which the person received an additional sentence under 46-18-221 ;

(b) an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221 ; or

(c) a felony for which the person is currently required to register for the sexual or violent offender registry.

(2) A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.

(3) A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.
Mont. Code Ann. § 45-6-302 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-302
45-6-302 Theft of lost or mislaid property
Status: in_force

45-6-302 . Theft of lost or mislaid property. (1) A person who obtains control over lost or mislaid property commits the offense of theft when the person:

(a) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;

(b) fails to take reasonable measures to restore the property to the owner; and

(c) has the purpose of depriving the owner permanently of the use or benefit of the property.

(2) A person convicted of theft of lost or mislaid property shall be fined not to exceed $500 or be imprisoned in the county jail for a period not to exceed 6 months.
Mont. Code Ann. § 45-3-115 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-115
45-3-115 Affirmative defense
Status: in_force

45-3-115 . Affirmative defense. A defense of justifiable use of force based on the provisions of this part is an affirmative defense.
Mont. Code Ann. § 45-9-206 — MT Code / Title 45 / Chapter 9 / Part 2 / Section 45-9-206
45-9-206 Use or possession of property subject to criminal forfeiture -- property subject to criminal forfeiture
Status: in_force

45-9-206 . Use or possession of property subject to criminal forfeiture -- property subject to criminal forfeiture. (1) A person commits the offense of use or possession of property subject to criminal forfeiture if the person knowingly possesses, owns, uses, or attempts to use property that is subject to criminal forfeiture under this section. A person convicted of the offense of use or possession of property subject to criminal forfeiture shall be imprisoned in the state prison for a term not to exceed 10 years. Upon conviction, the property subject to criminal forfeiture is forfeited to the state and must be disposed of in accordance with the provisions of 44-12-212 and 44-12-213 .

(2) A person charged with an offense pursuant to this section may request a pretrial forfeiture hearing pursuant to 44-12-209 .

(3) The following property is subject to criminal forfeiture under this section:

(a) money, raw materials, products, equipment, and other property of any kind that is used or intended for use in manufacturing, preparing, cultivating, compounding, processing, delivering, importing, or exporting a dangerous drug in violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 ;

(b) property used or intended for use as a container for property enumerated in subsection (3)(a);

(c) a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to facilitate a violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 ;

(d) books, records, research products and materials, formulas, microfilm, tapes, and data used or intended for use in connection with a violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 ;

(e) (i) everything of value furnished or intended to be furnished in exchange for a dangerous drug in violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 ; and

(ii) all proceeds traceable to such an exchange;

(f) money, negotiable instruments, securities, and weapons used or intended to be used to facilitate a violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 ;

(g) personal property constituting or derived from proceeds obtained directly or indirectly from a violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 ; and

(h) real property, including any right, title, and interest in a lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to facilitate a violation of or that is derived from or maintained by proceeds resulting from a violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 .

(4) Property subject to criminal forfeiture under this section may be seized under the following circumstances:

(a) A peace officer who has probable cause to make an arrest for a violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101 , 45-9-103 , or 45-9-110 may seize a conveyance obtained with proceeds of the violation or used to facilitate the violation and shall immediately deliver the conveyance to the peace officer's law enforcement agency, to be held as evidence until a criminal forfeiture is declared or release ordered.

(b) Property subject to criminal forfeiture under this section may be seized by a peace officer under a search warrant issued by a court having jurisdiction over the property.

(c) Seizure without a warrant may be made if:

(i) the seizure is incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;

(ii) the property was the subject of a prior judgment in favor of the state in a criminal proceeding or a criminal forfeiture proceeding based on this section or on Title 44, chapter 12;

(iii) a peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(iv) a peace officer has probable cause to believe that the property was used or is intended to be used in violation of 45-9-101 , 45-9-103 , or 45-9-110 or of 45-4-102 when the object of the conspiracy is a violation of 45-9-101 , 45-9-103 , or 45-9-110 .

(5) As used in this section, "dangerous drug" means a substance designated as a dangerous drug under Title 50, chapter 32, parts 1 and 2.

(6) A prosecution under subsection (1) must be commenced within 45 days of the seizure of the property involved.

(7) A bona fide security interest is not subject to forfeiture unless the person claiming a security interest had actual knowledge, as defined in 44-12-101 , that the property was subject to forfeiture at the time that the property was seized under this chapter. A person claiming a security interest bears the burden of production and must establish the validity of the interest by clear and convincing evidence.

(8) The property of an innocent owner is not subject to forfeiture under this section. A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:

(a) the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and

(b) the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge, as defined in 44-12-101 , of the crime associated with a forfeiture proceeding.
Mont. Code Ann. § 45-5-707 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-707
45-5-707 Property subject to forfeiture -- human trafficking
Status: in_force

45-5-707 . Property subject to forfeiture -- human trafficking. (1) (a) A person commits the offense of use or possession of property subject to criminal forfeiture for human trafficking if the person knowingly possesses, owns, uses, or attempts to use property that is subject to criminal forfeiture under this section. A person convicted of the offense of use or possession of property subject to criminal forfeiture shall be imprisoned in the state prison for a term not to exceed 10 years.

(b) Property is subject to criminal forfeiture under this section if it is used or intended for use in violation of 45-5-702 , 45-5-703 , 45-5-705 , 45-5-706 , or 45-5-711 .

(c) The following property is subject to criminal forfeiture under this section:

(i) money, raw materials, products, equipment, and other property of any kind;

(ii) property used or intended for use as a container for property enumerated in subsection (1)(c)(i);

(iii) except as provided in subsection (2), a conveyance, including an aircraft, vehicle, or vessel;

(iv) books, records, research products and materials, formulas, microfilm, tapes, and data;

(v) anything of value furnished or intended to be furnished in exchange for the provision of labor or services or commercial sexual activity and all proceeds traceable to the exchange;

(vi) negotiable instruments, securities, and weapons; and

(vii) personal property constituting or derived from proceeds obtained directly or indirectly from the provision of labor or services or commercial sexual activity.

(2) A conveyance is not subject to criminal forfeiture under this section unless the owner or other person in charge of the conveyance knowingly used the conveyance or knowingly consented to its use for the purposes described in subsection (1)(b).

(3) Criminal forfeiture under this section of property that is encumbered by a bona fide security interest is subject to that interest if the secured party did not use or consent to the use of the property for the purposes described in subsection (1)(b).

(4) Property subject to criminal forfeiture under this section may be seized under the following circumstances:

(a) A peace officer who has probable cause to make an arrest for a violation as described in subsection (1)(b) may seize a conveyance obtained with the proceeds of the violation or used to facilitate the violation and shall immediately deliver the conveyance to the peace officer's law enforcement agency to be held as evidence until a criminal forfeiture is declared or release ordered.

(b) Property subject to criminal forfeiture under this section may be seized by a peace officer under a search warrant issued by a court having jurisdiction over the property.

(c) Seizure without a warrant may be made if:

(i) the seizure is incident to an arrest or a search under a search warrant issued for another purpose;

(ii) the property was the subject of a prior judgment in favor of the state in a criminal proceeding or a criminal forfeiture proceeding under the provisions of Title 44, chapter 12, or this section;

(iii) a peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(iv) a peace officer has probable cause to believe that the property was used or is intended to be used under the circumstances described in subsection (1)(b).

(5) A forfeiture proceeding under subsection (1) must be commenced within 45 days of the seizure of the property involved.

(6) The procedure for forfeiture proceedings in Title 44, chapter 12, part 2, applies to property seized pursuant to this section.

(7) Upon conviction, the property subject to criminal forfeiture is forfeited to the state and proceeds from the sale of property seized under this section must be distributed to the holders of security interests who have presented proper proof of their claims up to the amount of their interests in the property. The remainder, if any, must be deposited in the crime victims compensation account provided for in 53-9-113 .
Mont. Code Ann. § 45-7-208 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-208
45-7-208 Tampering with public records or information
Status: in_force

45-7-208 . Tampering with public records or information. (1) A person commits the offense of tampering with public records or information if the person:

(a) knowingly makes a false entry in or false alteration of any record, document, legislative bill or enactment, or thing belonging to or received, issued, or kept by the government for information or record or required by law to be kept by others for information of the government;

(b) makes, presents, or uses any record, document, or thing knowing it to be false and with purpose that it be taken as a genuine part of information or records referred to in subsection (1)(a);

(c) purposely destroys, conceals, removes, or otherwise impairs the verity or availability of a record, document, or thing; or

(d) purposely or knowingly misrepresents the person's identity or the use for which personal information is sought in order to obtain personal information from a motor vehicle record under 61-11-507 , 61-11-508 , or 61-11-509 .

(2) A person convicted of the offense of tampering with public records or information shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-8-201 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-201
45-8-201 Obscenity
Status: in_force

45-8-201 . Obscenity. (1) A person commits the offense of obscenity when, with knowledge of the obscene nature of the material, the person purposely or knowingly:

(a) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene to anyone under 18 years of age or a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be under 18 years of age;

(b) presents or directs an obscene play, dance, or other performance, or participates in that portion of the performance that makes it obscene, to anyone under 18 years of age;

(c) publishes, exhibits, or otherwise makes available anything obscene to anyone under 18 years of age;

(d) performs an obscene act or otherwise presents an obscene exhibition of the person's body to anyone under 18 years of age;

(e) creates, buys, procures, or possesses obscene matter or material with the purpose to disseminate it to anyone under 18 years of age or a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be under 18 years of age; or

(f) advertises or otherwise promotes the sale of obscene material or materials represented or held out by the person to be obscene.

(2) A thing is obscene if:

(a) (i) it is a representation or description of perverted ultimate sexual acts, actual or simulated;

(ii) it is a patently offensive representation or description of normal ultimate sexual acts, actual or simulated; or

(iii) it is a patently offensive representation or description of masturbation, excretory functions, or lewd exhibition of the genitals; and

(b) taken as a whole the material:

(i) applying contemporary community standards, appeals to the prurient interest in sex;

(ii) portrays conduct described in subsection (2)(a)(i), (2)(a)(ii), or (2)(a)(iii) in a patently offensive way; and

(iii) lacks serious literary, artistic, political, or scientific value.

(3) In any prosecution for an offense under this section, evidence is admissible to show:

(a) the predominant appeal of the material and what effect, if any, it would probably have on the behavior of people;

(b) the artistic, literary, scientific, educational, or other merits of the material;

(c) the degree of public acceptance of the material in the community;

(d) the appeal to prurient interest or absence of that appeal in advertising or other promotion of the material; or

(e) the purpose of the author, creator, publisher, or disseminator.

(4) A person convicted of obscenity shall be fined at least $500 but not more than $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(5) Cities, towns, counties, or school districts may adopt ordinances, resolutions, or policies that are more restrictive as to obscenity than the provisions of this section.
Mont. Code Ann. § 45-6-104 — MT Code / Title 45 / Chapter 6 / Part 1 / Section 45-6-104
45-6-104 Desecration of capitol, place of worship, cemetery, or public memorial
Status: in_force

45-6-104 . Desecration of capitol, place of worship, cemetery, or public memorial. (1) In this section, "capitol" means the Montana state capitol building and any permanent monuments on the capitol grounds.

(2) A person commits the offense of desecration if the person purposely:

(a) defiles or defaces the capitol or a place of worship, cemetery, or public memorial;

(b) places on or attaches to the capitol or a place of worship, cemetery, or public memorial any mark, design, or material not properly a part of the capitol, place of worship, cemetery, or public memorial; or

(c) injures, damages, or destroys any portion of the capitol or of a place of worship, cemetery, or public memorial.

(3) A person convicted of the offense of desecration shall be:

(a) incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, if the damage does not exceed $1,500; or

(b) imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, if there is $1,500 or more of damage.

(4) With regard to the capitol, this section does not apply to displays or actions authorized by the department of administration.
Mont. Code Ann. § 45-5-706 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-706
45-5-706 Aggravated sex trafficking
Status: in_force

45-5-706 . Aggravated sex trafficking. (1) A person commits the offense of aggravated sex trafficking if, during the commission of the offense of sex trafficking, the person purposely or knowingly:

(a) uses fraud, coercion, or deception to control an adult to engage in prostitution; or

(b) recruits, entices, or obtains the victim of the offense from a shelter that serves runaway youth, foster children, homeless persons, human trafficking victims, or victims of domestic violence or sexual violence.

(2) A person convicted of the offense of aggravated sex trafficking shall be imprisoned in the state prison for a term of not less than 5 years or more than 40 years, fined in the amount of $400,000, or both. The exceptions provided in 46-18-222 (5) and (6) do not apply.
Mont. Code Ann. § 45-3-109 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-109
45-3-109 Execution of death sentence
Status: in_force

45-3-109 . Execution of death sentence. A person who puts a person to death pursuant to a sentence of a court of competent jurisdiction is justified if the person acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.
Mont. Code Ann. § 45-8-335 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-335
45-8-335 Possession of explosives
Status: in_force

45-8-335 . Possession of explosives. (1) A person commits the offense of possession of explosives if the person possesses, manufactures, transports, buys, or sells an explosive compound, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and:

(a) has the purpose to use the explosive, material, or device to commit an offense; or

(b) knows that another has the purpose to use the explosive, material, or device to commit an offense.

(2) A person convicted of the offense of possession of explosives shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-10-106 — MT Code / Title 45 / Chapter 10 / Part 1 / Section 45-10-106
45-10-106 Advertisement of drug paraphernalia
Status: in_force

45-10-106 . Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.
Mont. Code Ann. § 45-5-624 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-624
45-5-624 Possession of or unlawful attempt to purchase intoxicating substance other than alcohol or marijuana -- interference with sentence or court order
Status: in_force

45-5-624 . Possession of or unlawful attempt to purchase intoxicating substance other than alcohol or marijuana -- interference with sentence or court order. (1) A person under 21 years of age commits the offense of possession of an intoxicating substance other than alcohol or marijuana if the person knowingly consumes, uses, has in the person's possession, or delivers or distributes without consideration an intoxicating substance other than alcohol or marijuana. A person may not be arrested for or charged with the offense solely because the person was at a place where other persons were possessing or consuming an intoxicating substance other than alcohol or marijuana. A person does not commit the offense if the person consumes or gains possession of an intoxicating substance other than alcohol or marijuana because it was lawfully supplied to the person or when in the course of employment it is necessary to possess an intoxicating substance other than alcohol or marijuana.

(2) (a) In addition to any disposition by the youth court under 41-5-1512 , a person under 18 years of age who is convicted under this section:

(i) for a first offense:

(A) shall be fined an amount not less than $100 and not to exceed $300;

(B) shall be ordered to perform 20 hours of community service;

(C) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (8), if one is available; and

(D) if the person has a driver's license, must have the license confiscated by the court for 30 days, except as provided in subsection (2)(b);

(ii) for a second offense:

(A) shall be fined an amount not less than $200 and not to exceed $600;

(B) shall be ordered to perform 40 hours of community service;

(C) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (8), if one is available;

(D) if the person has a driver's license, must have the license confiscated by the court for 6 months, except as provided in subsection (2)(b); and

(E) shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (7);

(iii) for a third or subsequent offense:

(A) shall be fined an amount not less than $300 and not to exceed $900;

(B) shall be ordered to perform 60 hours of community service;

(C) shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (8), if one is available;

(D) if the person has a driver's license, the court shall confiscate the license for 6 months, except as provided in subsection (2)(b); and

(E) shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (7).

(b) If the convicted person fails to complete the community-based substance abuse information course and has a driver's license, the court shall order the license suspended for 3 months for a first offense, 9 months for a second offense, and 12 months for a third or subsequent offense.

(c) The court shall retain jurisdiction for up to 1 year to order suspension of a license under subsection (2)(b).

(3) A person 18 years of age or older who is convicted of the offense of possession of an intoxicating substance:

(a) for a first offense:

(i) shall be fined an amount not less than $100 and not to exceed $300;

(ii) shall be ordered to perform 20 hours of community service; and

(iii) shall be ordered to complete and pay all costs of participation in a community-based substance abuse information course that meets the requirements of subsection (8);

(b) for a second offense:

(i) shall be fined an amount not less than $200 and not to exceed $600;

(ii) shall be ordered to perform 40 hours of community service; and

(iii) shall be ordered to complete and pay for an alcohol or drug information course at an alcohol or drug treatment program that meets the requirements of subsection (8)that may, in the sentencing court's discretion and on recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both; and

(c) for a third or subsequent offense:

(i) shall be fined an amount not less than $300 and not to exceed $900;

(ii) shall be ordered to perform 60 hours of community service;

(iii) shall be ordered to complete and pay for an alcohol or drug information course at an alcohol or drug treatment program that meets the requirements of subsection (8)that may, in the sentencing court's discretion and on recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both; and

(iv) in the discretion of the court, shall be imprisoned in the county jail for a term not to exceed 6 months.

(4) A person under 21 years of age commits the offense of attempt to purchase an intoxicating substance other than alcohol or marijuana if the person knowingly attempts to purchase an intoxicating substance other than alcohol or marijuana. A person convicted of attempt to purchase an intoxicating substance other than alcohol or marijuana shall be fined an amount not to exceed $150 if the person was under 21 years of age at the time that the offense was committed and may be ordered to perform community service.

(5) A defendant who is currently under 21 years of age and was under 18 years of age when the defendant failed to comply with a sentence must be transferred to the youth court. If proceedings for failure to comply with a sentence are held in the youth court, the offender must be treated as an alleged youth in need of intervention as defined in 41-5-103 . The youth court may enter its judgment under 41-5-1512 .

(6) A person commits the offense of interference with a sentence or court order if the person purposely or knowingly causes a child or ward to fail to comply with a sentence imposed under this section or a youth court disposition order for a youth found to have violated this section and on conviction shall be fined $100 or imprisoned in the county jail for 10 days, or both.

(7) (a) A person convicted of a second or subsequent offense of possession of an intoxicating substance other than alcohol or marijuana shall be ordered to complete a chemical dependency assessment.

(b) The chemical dependency assessment must be completed at a treatment program that meets the requirements of subsection (8) and must be conducted by a licensed addiction counselor. The person may attend a program of the person's choice as long as a licensed addiction counselor provides the services. If able, the person shall pay the cost of the assessment and any resulting treatment.

(c) The chemical dependency assessment must describe the person's level of abuse or dependency, if any, and contain a recommendation as to the appropriate level of treatment, if treatment is indicated. A person who disagrees with the initial assessment may, at the person's expense, obtain a second assessment provided by a licensed addiction counselor or program that meets the requirements of subsection (8).

(d) The treatment provided must be at a level appropriate to the person's alcohol or drug problem, or both, if any, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. Following the determination, the court shall order the appropriate level of treatment, if any. If more than one counselor makes a determination, the court shall order an appropriate level of treatment based on the determination of one of the counselors.

(e) Each licensed addiction counselor providing treatment shall, at the commencement of the course of treatment, notify the court that the person has been enrolled in a chemical dependency treatment program. If the person fails to attend the treatment program, the counselor shall notify the court of the failure.

(8) (a) A community-based substance abuse information course required under subsection (2)(a)(i)(C), (2)(a)(ii)(C), (2)(a)(iii)(C), or (3)(a)(iii) must be:

(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or

(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by an accrediting entity approved by the U.S. centers for medicare and medicaid services to provide chemical dependency services.

(b) An alcohol or drug information course required under subsection (3)(b)(iii) or (3)(c)(iii) must be provided at an alcohol or drug treatment program:

(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or

(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by an accrediting entity approved by the U.S. centers for medicare and medicaid services to provide chemical dependency services.

(c) A chemical dependency assessment required under subsection (7) must be completed at a treatment program:

(i) approved by the department of public health and human services under 53-24-208 or by a court or provided under a contract with the department of corrections; or

(ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical dependency services and that is accredited by an accrediting entity approved by the U.S. centers for medicare and medicaid services to provide chemical dependency services.

(9) Information provided or statements made by a person under 21 years of age to a health care provider or law enforcement personnel regarding an alleged offense against that person under Title 45, chapter 5, part 5, may not be used in a prosecution of that person under this section. This subsection's protection also extends to a person who helps the victim obtain medical or other assistance or report the offense to law enforcement personnel.

(10) (a) A person under 21 years of age may not be charged or prosecuted under subsection (1) if:

(i) the person has consumed an intoxicating substance other than alcohol or marijuana and seeks medical treatment at a health care facility or contacts law enforcement personnel or an emergency medical service provider for the purpose of seeking medical treatment;

(ii) the person accompanies another person under 21 years of age who has consumed an intoxicating substance other than alcohol or marijuana and seeks medical treatment at a health care facility or contacts law enforcement personnel or an emergency medical service provider for the purpose of seeking medical treatment for the other person; or

(iii) the person requires medical treatment as a result of consuming an intoxicating substance other than alcohol or marijuana and evidence of a violation of this section is obtained during the course of seeking or receiving medical treatment.

(b) For the purposes of this subsection (10), the following definitions apply:

(i) "Health care facility" means a facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.

(ii) "Medical treatment" means medical treatment provided by a health care facility or an emergency medical service. (See compiler's comments for contingent termination of certain text.)
Mont. Code Ann. § 45-5-103 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-103
45-5-103 Mitigated deliberate homicide
Status: in_force

45-5-103 . Mitigated deliberate homicide. (1) A person commits the offense of mitigated deliberate homicide when the person purposely or knowingly causes the death of another human being or purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant but does so under the influence of extreme mental or emotional stress for which there is reasonable explanation or excuse. The reasonableness of the explanation or excuse must be determined from the viewpoint of a reasonable person in the actor's situation.

(2) Mitigated deliberate homicide is a lesser included offense of deliberate homicide as defined in 45-5-102 (1)(a), but is not a lesser included offense of deliberate homicide as defined in 45-5-102 (1)(b).

(3) Mitigating circumstances that reduce deliberate homicide to mitigated deliberate homicide are not an element of the reduced crime that the state is required to prove or an affirmative defense that the defendant is required to prove. Neither party has the burden of proof as to mitigating circumstances, but either party may present evidence of mitigation.

(4) A person convicted of mitigated deliberate homicide shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222 .
Mont. Code Ann. § 45-5-622 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-622
45-5-622 Endangering welfare of children
Status: in_force

45-5-622 . Endangering welfare of children. (1) (a) A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly endangers the child's welfare by violating a duty of care, protection, or support.

(b) A parent or guardian of a child does not violate a duty of care, protection, or support by permitting the child to engage in independent activities consistent with the child's intellectual, emotional, and physical maturity, including:

(i) traveling to and from school by walking, running, bicycling, public transit, or other means;

(ii) traveling to and from nearby commercial or recreational facilities;

(iii) engaging in outdoor play;

(iv) remaining for less than 15 minutes in a vehicle if the temperature inside the vehicle is not or will not become dangerously hot or cold;

(v) remaining at home if the parent or guardian:

(A) returns home the same day on which the parent or guardian gives the child permission to remain at home;

(B) makes provisions for the child to contact the parent or guardian; and

(C) makes provisions for any reasonably foreseeable emergency.

(2) Except as provided in 16-6-305 , a parent or guardian or any person who is 18 years of age or older, whether or not the parent, guardian, or other person is supervising the welfare of the child, commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly contributes to the delinquency of a child less than:

(a) 18 years old by:

(i) supplying or encouraging the use of an intoxicating substance by the child;

(ii) causing or permitting the child to inhale, be exposed to, or ingest marijuana as defined in 50-32-101 , including products containing tetrahydrocannabinol (THC), such as ingestible foods or drinks;

(iii) assisting, promoting, or encouraging the child to enter a place of prostitution or human trafficking as defined in 45-5-701 ;

(iv) assisting, promoting, or encouraging the child to enter an adult-use dispensary as defined in 16-12-102 ; or

(v) assisting, promoting, or encouraging the child to enter a place where the criminal production or manufacture of dangerous drugs is taking place as described in 45-9-110 ; or

(b) 16 years old by assisting, promoting, or encouraging the child to:

(i) abandon the child's place of residence without the consent of the child's parents or guardian; or

(ii) engage in sexual conduct.

(3) A person, whether or not the person is supervising the welfare of a child less than 18 years of age, commits the offense of endangering the welfare of children if the person, in the residence of a child, in a building, structure, conveyance, or outdoor location where a child might reasonably be expected to be present, in a room offered to the public for overnight accommodation, or in any multiple-unit residential building, knowingly:

(a) produces or manufactures a dangerous drug listed in Schedules I through V as provided in Title 50, chapter 32, part 2, or attempts to produce or manufacture a dangerous drug listed in Schedules I through V as provided in Title 50, chapter 32, part 2;

(b) possesses any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107 with intent to manufacture a dangerous drug listed in Schedules I through V as provided in Title 50, chapter 32, part 2; or

(c) causes or permits a child to inhale, be exposed to, have contact with, or ingest a dangerous drug listed in Schedules I through V as provided in Title 50, chapter 32, part 2, unless under the direction of a physician or licensed medical provider.

(4) (a) A person commits the offense of endangering the welfare of a child if the person also knowingly commits an offense identified in 45-5-202 , 45-5-206 , 45-5-213 , or 45-5-215 against a partner or family member in the presence of a child less than 18 years of age.

(b) For the purposes of this subsection (4), the following definitions apply:

(i) "Family member" has the same meaning as provided in 45-5-206 .

(ii) "In the presence of a child" means in the physical presence of a child or having knowledge that the child may see or hear an act listed in this subsection (4).

(iii) "Partner" has the same meaning as provided in 45-5-206 .

(c) Only the predominant aggressor, as determined by 46-6-311 , may be charged under this subsection (4).

(d) A charge under this subsection (4) is a separate offense and may be charged in addition to 45-5-202 , 45-5-206 , 45-5-213 , or 45-5-215 . Each child identified in subsection (4)(a) may form the basis for additional charges under this subsection (4).

(e) A person may be charged under this subsection (4) regardless of the child's relationship to the person.

(5) A parent, guardian, or other person supervising the welfare of a child less than 16 years of age may verbally or in writing request a person who is 18 years of age or older and who has no legal right of supervision or control over the child to stop contacting the child if the requester believes that the contact is not in the child's best interests. If the person continues to contact the child, the parent, guardian, or other person supervising the welfare of the child may petition or the county attorney may upon the person's request petition for an order of protection under Title 40, chapter 15. To the extent that they are consistent with this subsection, the provisions of Title 40, chapter 15, apply. A person who purposely or knowingly violates an order of protection commits the offense of endangering the welfare of children and upon conviction shall be sentenced as provided in subsection (6)(a).

(6) (a) Except as provided in subsection (6)(b) or (6)(c), a person convicted of endangering the welfare of children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of endangering the welfare of children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

(b) A person convicted under subsection (3) is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years and may be fined an amount not to exceed $10,000, or both. If a child suffers serious bodily injury, the offender shall be fined an amount not to exceed $25,000 or be imprisoned for a term not to exceed 10 years, or both. Prosecution or conviction of a violation of subsection (3) does not bar prosecution or conviction for any other crime committed by the offender as part of the same conduct.

(c) A person convicted under subsection (4) is guilty of a misdemeanor and shall be fined an amount not less than $100 or more than $1,000 and be imprisoned in the county jail not less than 72 hours or more than 1 year.

(7) On the issue of whether there has been a violation of the duty of care, protection, and support, the following, in addition to all other admissible evidence, is admissible: cruel treatment; abuse; infliction of unnecessary and cruel punishment; abandonment; neglect; lack of proper medical care, clothing, shelter, and food; and evidence of past bodily injury.

(8) The court may order, in its discretion, any fine levied or any bond forfeited upon a charge of endangering the welfare of children paid to or for the benefit of the person or persons whose welfare the defendant has endangered.

(9) As used in this section, "causing or permitting the child to inhale, be exposed to, or ingest marijuana" does not include the inhalation of secondhand smoke incidental to an adult's lawful use as provided in Title 16, chapter 12.
Mont. Code Ann. § 45-6-332 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-332
45-6-332 Theft of identity
Status: in_force

45-6-332 . Theft of identity. (1) A person commits the offense of theft of identity if the person purposely or knowingly obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the other person without the consent of the other person.

(2) (a) (i) A person convicted of the offense of theft of identity if no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,500 was gained or was attempted to be gained 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.

(ii) If the victim is a minor, incapacitated person, or vulnerable adult, the offender shall be fined an amount not to exceed $3,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

(b) (i) A person convicted of the offense of theft of identity if an economic benefit of $1,500 or more was gained or was attempted to be gained shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

(ii) If the victim is a minor, incapacitated person, or vulnerable adult, the offender shall be fined an amount not to exceed $20,000 or be imprisoned in the state prison for a term not to exceed 20 years, or both.

(3) As used in this section, "personal identifying information" includes but is not limited to the name, date of birth, address, telephone number, driver's license number, social security number or other federal government identification number, tribal identification card number, place of employment, employee identification number, mother's maiden name, financial institution account number, credit card number, or similar identifying information relating to a person.

(4) If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
Mont. Code Ann. § 45-5-201 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-201
45-5-201 Assault
Status: in_force

45-5-201 . Assault. (1) A person commits the offense of assault if the person:

(a) purposely or knowingly causes bodily injury to another;

(b) negligently causes bodily injury to another with a weapon;

(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual;

(d) purposely or knowingly causes reasonable apprehension of bodily injury in another; or

(e) purposely or knowingly provides an individual with rohypnol, flunitrazolam, or gamma-hydroxybutyrate without the individual's consent.

(2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
Mont. Code Ann. § 45-5-701 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-701
45-5-701 Definitions
Status: in_force

45-5-701 . Definitions. As used in this part, the following definitions apply:

(1) "Adult" means a person 18 years of age or older.

(2) "Coercion" means:

(a) the use or threat of force against, abduction of, serious harm to, or physical restraint of a person;

(b) the use of a plan, pattern, or statement with intent to cause a person to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of a person;

(c) the abuse or threatened abuse of law or legal process;

(d) controlling or threatening to control a person's access to any substance defined as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2;

(e) the actual or threatened destruction or taking of a person's identification document or other property;

(f) the use of debt bondage;

(g) the use of a person's physical or mental impairment when the impairment has a substantial adverse effect on the person's cognitive or volitional function; or

(h) the commission of civil or criminal fraud.

(3) "Commercial sexual activity" means sexual activity for which anything of value is given to, promised to, or received by a person.

(4) "Debt bondage" means inducing a person to provide:

(a) commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

(b) labor or services in payment toward or satisfaction of a real or purported debt if:

(i) the reasonable value of the labor or services is not applied toward the liquidation of the debt; or

(ii) the length of the labor or services is not limited and the nature of the labor or services is not defined.

(5) "Human trafficking" means the commission of an offense under 45-5-702 , 45-5-703 , 45-5-705 , 45-5-706 , or 45-5-711 .

(6) "Identification document" means a passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government.

(7) "Labor or services" means activity having economic value.

(8) "Prostitution" has the meaning provided in 45-5-601 .

(9) "Serious harm" means physical or nonphysical harm, including psychological, economic, or reputational harm to a person that would compel a reasonable person of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm.

(10) "Sexual activity" means any sex act or simulated sex act intended to arouse or gratify the sexual desire of any person. The term includes a sexually explicit performance.

(11) "Sexual contact" has the meaning provided in 45-2-101 .

(12) "Sexually explicit performance" means a live, public, private, photographed, recorded, or videotaped act or simulated act intended to arouse or gratify the sexual desire of any person.
Mont. Code Ann. § 45-5-203 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-203
45-5-203 Intimidation
Status: in_force

45-5-203 . Intimidation. (1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts:

(a) inflict physical harm on the person threatened or any other person;

(b) subject any person to physical confinement or restraint; or

(c) commit any felony.

(2) A person commits the offense of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property.

(3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-5-215 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-215
45-5-215 Strangulation of partner or family member
Status: in_force

45-5-215 . Strangulation of partner or family member. (1) A person commits the offense of strangulation of a partner or family member if the person purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by:

(a) applying pressure on the throat or neck of the partner or family member; or

(b) blocking air flow to the nose and mouth of the partner or family member.

(2) (a) A person convicted of a first offense of strangulation of a partner or family member shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.

(b) A person convicted of a second or subsequent offense under this section shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined an amount not more than $50,000, except as provided in 46-18-219 and 46-18-222 .

(3) A person convicted of strangulation of a partner or family member is required to pay for and complete a counseling assessment as required in 45-5-206 (4).

(4) For the purposes of this section, "partner" and "family member" have the meanings provided in 45-5-206 .
Mont. Code Ann. § 45-8-403 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-403
45-8-403 Use of threat to coerce gang membership -- use of violence to coerce gang membership
Status: in_force

45-8-403 . Use of threat to coerce gang membership -- use of violence to coerce gang membership. (1) A person commits the offense of use of threat to coerce criminal street gang membership if the person purposely or knowingly threatens a person under 18 years of age with physical violence on two or more separate occasions with the intent to coerce, induce, or solicit the minor to actively participate in any criminal street gang whose members engage in a pattern of criminal street gang activity.

(2) A person commits the offense of use of violence to coerce criminal street gang membership if the person purposely or knowingly uses physical violence to coerce, induce, or solicit a person under 18 years of age to actively participate in any criminal street gang whose members engage in a pattern of criminal street gang activity.

(3) (a) A person convicted of the offense of use of threat to coerce criminal street gang membership shall be imprisoned in the county jail for a term not to exceed 1 year.

(b) A person convicted of the offense of use of violence to coerce criminal street gang membership shall be imprisoned in a state prison for a term not to exceed 3 years.

(4) A person who is 16 years of age or older and less than 18 years of age who is named in a petition filed in youth court alleging delinquency for the alleged commission of the offense of use of threat to coerce criminal street gang membership or the offense of use of violence to coerce criminal street gang membership is subject to transfer of the case to district court under 41-5-206 or, if the case is not transferred to district court under 41-5-206 , to the provisions of Title 41, chapter 5.

(5) This section may not be construed to limit prosecution under any other provision of law.

(6) A person may not be convicted of violating this section based on speech alone, except on a showing that the speech itself threatened violence against a specific person, that the defendant had the apparent ability to carry out the threat, and that physical harm was imminently likely to occur.
Mont. Code Ann. § 45-9-111 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-111
45-9-111 Imitation dangerous drugs -- definitions
Status: in_force

45-9-111 . Imitation dangerous drugs -- definitions. As used in 45-9-111 through 45-9-116 and 45-9-202 , the following definitions apply:

(1) "Dangerous drug" has the meaning given to that term in 50-32-101 .

(2) "Imitation dangerous drug" means a substance that is not a dangerous drug but that is expressly or impliedly represented to be a dangerous drug or to simulate the effect of a dangerous drug and the appearance of which, including the color, shape, size, and markings, would lead a reasonable person to believe that the substance is a dangerous drug.

(3) "Person" includes any individual, business association, partnership, or corporation.
Mont. Code Ann. § 45-7-307 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-307
45-7-307 Transferring illegal articles -- unauthorized communication
Status: in_force

45-7-307 . Transferring illegal articles -- unauthorized communication. (1) (a) A person commits the offense of transferring illegal articles if the person knowingly or purposely transfers any illegal article or weapon to a person subject to official detention or is transferred any illegal article or weapon by a person subject to official detention.

(b) A person convicted of transferring illegal articles or a weapon shall be:

(i) imprisoned in a state prison for a term not to exceed 20 years, if the item transferred is a weapon;

(ii) imprisoned in a state prison for a term not to exceed 10 years, if the illegal article is a dangerous drug, as defined in 50-32-101 ; or

(iii) imprisoned in a state prison for a term not to exceed 13 months or be fined an amount not more than $1,500, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or from a person incarcerated in a state prison, as defined in 53-30-101 , or be fined an amount not more than $100 or be imprisoned in the county jail for any term not to exceed 10 days, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or from a person incarcerated in a place other than a state prison.

(c) Subsection (1)(b)(iii) does not apply unless the offender knew or was given sufficient notice so that the offender reasonably should have known that the article conveyed was an illegal article.

(2) (a) A person commits the offense of unauthorized communication if the person knowingly or purposely communicates with a person subject to official detention without the consent of the person in charge of the official detention.

(b) A person convicted of the offense of unauthorized communication shall be fined an amount not to exceed $100 or imprisoned in the county jail for any term not to exceed 10 days, or both.
Mont. Code Ann. § 45-5-702 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-702
45-5-702 Sex trafficking
Status: in_force

45-5-702 . Sex trafficking. (1) A person commits the offense of sex trafficking if the person purposely or knowingly:

(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or prostitution business;

(b) procures an individual for a house of prostitution or prostitution business or procures a place in a house of prostitution or prostitution business for an individual;

(c) encourages, induces, or otherwise purposely causes another person to become or remain a prostitute;

(d) solicits clients for another person who is a prostitute;

(e) procures a prostitute for a patron;

(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;

(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means;

(h) recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices another person intending or knowing that the person will be subjected to prostitution; or

(i) benefits, financially or by receiving anything of value, from facilitating any conduct described in subsections (1)(a) through (1)(h).

(2) A person convicted of the offense of sex trafficking shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years, fined in the amount of $400,000, or both.
Mont. Code Ann. § 45-5-712 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-712
45-5-712 Evidence in cases of sex trafficking, aggravated sex trafficking, or child sex trafficking
Status: in_force

45-5-712 . Evidence in cases of sex trafficking, aggravated sex trafficking, or child sex trafficking. (1) In a case that involves a question of whether a place is a house of prostitution, evidence of the following, in addition to all other admissible evidence, is admissible:

(a) the general reputation of the place;

(b) the reputations of the place's residents and the nonresidents who frequent the place; and

(c) the frequency, timing, and duration of visits by nonresidents.

(2) Testimony of a person against the person's spouse is admissible under 45-5-702 , 45-5-706 , or 45-5-711 .
Mont. Code Ann. § 45-8-103 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-103
45-8-103 Riot
Status: in_force

45-8-103 . Riot. (1) A person commits the offense of riot if the person purposely and knowingly disturbs the peace by engaging in an act of violence or threat to commit an act of violence as part of an assemblage of five or more persons and the act or threat presents a clear and present danger of or results in damage to property or injury to persons.

(2) Except as provided in subsection (3), a person convicted of the offense of riot shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) A person who commits the offense of riot by engaging in an act of violence while incarcerated at any state adult correctional facility or city or county jail shall be imprisoned for not less than 1 year or more than 5 years.
Mont. Code Ann. § 45-2-303 — MT Code / Title 45 / Chapter 2 / Part 3 / Section 45-2-303
45-2-303 Separate conviction of person accountable
Status: in_force

45-2-303 . Separate conviction of person accountable. A person who is legally accountable for the conduct of another that is an element of an offense may be convicted upon proof that the offense was committed and that the person was accountable although the other person claimed to have committed the offense has not been prosecuted or convicted, has been convicted of a different offense, is not amenable to justice, or has been acquitted.
Mont. Code Ann. § 45-5-208 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-208
45-5-208 Negligent endangerment -- penalty
Status: in_force

45-5-208 . Negligent endangerment -- penalty. (1) A person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of negligent endangerment.

(2) A person convicted of the offense of negligent endangerment shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 1 year, or both.
Mont. Code Ann. § 45-9-204 — MT Code / Title 45 / Chapter 9 / Part 2 / Section 45-9-204
45-9-204 Immunity from liability
Status: in_force

45-9-204 . Immunity from liability. (1) Except as provided in subsections (2) and (3), if a court imposes mandatory service under 45-9-202 (2)(c) or community service under 45-9-202 (2)(d), a public or private agency supervising the service, treatment, or education program in which the defendant is participating and the officers, agents, and employees of the public or private agency are immune from liability to the defendant for any acts or omissions alleged to have occurred within the course and scope of supervision.

(2) The immunity provided in subsection (1) does not extend to acts or omissions alleged to constitute gross negligence or intentional acts.

(3) The immunity provided in subsection (1) for a public agency does not extend to claims for workers' compensation benefits when the defendant is injured while performing community service.
Mont. Code Ann. § 45-9-116 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-116
45-9-116 Imitation dangerous drugs -- exemptions -- rules
Status: in_force

45-9-116 . Imitation dangerous drugs -- exemptions -- rules. (1) Sections 45-9-111 through 45-9-115 do not apply to:

(a) a person authorized by rules adopted by the board of pharmacy to possess with purpose to sell or sell imitation dangerous drugs;

(b) law enforcement personnel selling or possessing with purpose to sell imitation dangerous drugs while acting within the scope of their employment; and

(c) a person registered under the provisions of Title 50, chapter 32, part 3, who sells, or possesses with purpose to sell an imitation dangerous drug for use as a placebo, by that person or any other person so registered, in the course of professional practice or research.

(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the possession with purpose to sell or sale of imitation dangerous drugs whenever it determines that there is a legitimate need and that the drugs will be used for a lawful purpose.
Mont. Code Ann. § 45-6-307 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-307
45-6-307 Aiding the avoidance of telecommunications charges
Status: in_force

45-6-307 . Aiding the avoidance of telecommunications charges. (1) A person commits the offense of aiding the avoidance of telecommunications charges when the person:

(a) publishes the number or code of an existing, canceled, revoked, expired, or nonexistent telephone credit card or the numbering or coding that is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges;

(b) publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in 45-6-306 (4) with the purpose that it will be used or with the knowledge or reason to believe that it will be used to avoid the payment of lawful telecommunications charges; or

(c) manufactures, assembles, possesses, sells, gives, or otherwise transfers any apparatus, instrument, equipment, or device described in 45-6-306 (4) with the purpose that it will be used to avoid the payment of lawful telecommunications charges.

(2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) For the purposes of this section, the term "publish" means to communicate information to any one or more persons, either orally; in person; by computer, telephone, radio, or television; or in a writing of any kind, including but not limited to a letter, memorandum, circular, handbill, newspaper or magazine article, or book.
Mont. Code Ann. § 45-7-209 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-209
45-7-209 Impersonation of public servant
Status: in_force

45-7-209 . Impersonation of public servant. (1) A person commits the offense of impersonating a public servant if the person falsely pretends to hold a position in the public service with the purpose to induce another individual to submit to the pretended official authority or otherwise to act in reliance upon that pretense to the individual's prejudice.

(2) A person convicted of impersonating a public servant shall be fined not to exceed $5,000 or be imprisoned in the state prison for any term not to exceed 5 years, or both.
Mont. Code Ann. § 45-2-203 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-203
45-2-203 Responsibility -- intoxicated condition
Status: in_force

45-2-203 . Responsibility -- intoxicated condition. A person who is in an intoxicated condition is criminally responsible for the person's conduct, and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant proves that the defendant did not know that it was an intoxicating substance when the defendant consumed, smoked, sniffed, injected, or otherwise ingested the substance causing the condition.
Mont. Code Ann. § 45-8-209 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-209
45-8-209 Harming a police dog -- penalty -- definition
Status: in_force

45-8-209 . Harming a police dog -- penalty -- definition. (1) A person commits the offense of harming a police dog if the person purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a:

(a) law enforcement officer in discharging or attempting to discharge a legal duty in a reasonable and proper manner; or

(b) person while the person is under the control of and acting under the direction of an officer of an official law enforcement agency during the performance of the agency's law enforcement or search and rescue duties.

(2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.

(3) As used in this section, the following definitions apply:

(a) "Law enforcement officer" means a person who is a peace officer, as defined in 46-1-202 , or any other agent of a criminal justice agency.

(b) "Police dog" means a dog that is:

(i) used by a law enforcement agency, as defined in 44-11-303 , in the exercise of its authority;

(ii) specifically trained for law enforcement or search and rescue work; and

(iii) under the control of a law enforcement officer.
Mont. Code Ann. § 45-5-504 — MT Code / Title 45 / Chapter 5 / Part 5 / Section 45-5-504
45-5-504 Indecent exposure
Status: in_force

45-5-504 . Indecent exposure. (1) A person commits the offense of indecent exposure if the person knowingly or purposely exposes the person's genitals or intimate parts by any means, including electronic communication as defined in 45-5-625 (5)(a), under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to:

(a) abuse, humiliate, harass, violate the dignity of, or degrade another; or

(b) arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.

(2) (a) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.

(b) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both.

(c) On a third or subsequent conviction, the person shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.

(3) (a) A person commits the offense of indecent exposure to a minor if the person commits an offense under subsection (1) and the person knows the conduct will be observed by a person who is under 16 years of age or a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be a child who is under 16 years of age and the offender is more than 4 years older than the victim or purported victim.

(b) A person convicted of the offense of indecent exposure to a minor shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years, or both.

(4) (a) Except when a minor is accompanied by a parent or guardian, or when an individual with developmental disabilities is accompanied by a parent, guardian, or other caretaker or health care provider designated by the parent or guardian, a person commits the offense of indecent exposure in a public place when the person knowingly or purposely, under circumstances in which the person knows the conduct is likely to cause affront or alarm, exposes their genitals or intimate parts to members of the opposite biological sex or opposite the person's sex observed at birth.

(b) (i) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.

(ii) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both.

(iii) On a third or subsequent conviction, the person shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.

(c) As used in this subsection (4), "public place" means a place to which the public or a group of persons has access and includes but is not limited to transportation facilities, restrooms, locker rooms, dressing rooms, and showers that are designated for multiperson, single-sex use, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses, multifamily dwellings, and hotels, except for rooms or apartments designed for actual residence.
Mont. Code Ann. § 45-6-206 — MT Code / Title 45 / Chapter 6 / Part 2 / Section 45-6-206
45-6-206 Unlawful squatting
Status: in_force

45-6-206 . Unlawful squatting. (1) A person commits the offense of unlawful squatting when the person knowingly, without the consent of the owner, rightful occupant, or an authorized representative of the owner:

(a) enters the premises of another; and

(b) resides on the premises for any period of time.

(2) A person convicted of unlawful squatting is guilty of a misdemeanor. In addition to the penalties provided in 46-18-212 , the person must be ordered to make restitution in an amount equal to the fair market value rent for the duration of the party's occupancy of the premises.

(3) A person who knowingly presents a false document purporting to convey authorization to enter and remain on the premises commits the offense of forgery and is subject to the penalties provided in 45-6-325 .

(4) A person who commits the offense of unlawful squatting and intentionally damages the property commits the offense of criminal mischief and is subject to the penalties provided in 45-6-101 .

(5) Law enforcement may immediately remove a person who commits the offense of unlawful squatting from the premises. The provisions of 2-9-305 apply to indemnify law enforcement officers for actions arising under this subsection.
Mont. Code Ann. § 45-6-202 — MT Code / Title 45 / Chapter 6 / Part 2 / Section 45-6-202
45-6-202 Criminal trespass to vehicles
Status: in_force

45-6-202 . Criminal trespass to vehicles. (1) A person commits the offense of criminal trespass to vehicles when the person purposely or knowingly and without authority enters any vehicle or any part of a vehicle.

(2) A person convicted of the offense of criminal trespass to vehicles shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
Mont. Code Ann. § 45-5-116 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-116
45-5-116 Harm to fetus of another -- exceptions
Status: in_force

45-5-116 . Harm to fetus of another -- exceptions. (1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:

(a) a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;

(b) a person for any medical treatment of the pregnant woman or her fetus; or

(c) a woman with respect to her fetus.

(2) A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

(3) As used in 45-5-102 , 45-5-103 , and this section, "fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.
Mont. Code Ann. § 45-8-109 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-109
45-8-109 Civil disorder -- prohibited activities -- penalties -- exceptions
Status: in_force

45-8-109 . Civil disorder -- prohibited activities -- penalties -- exceptions. (1) A person is guilty of a crime if, with one or more other persons, the person purposely or knowingly assembles for the purpose of training in, instructing in the use of, or practicing with any technique or means capable of causing property damage, bodily injury, or death, with the purpose of employing the training, instruction, or practice in a civil disorder.

(2) A person convicted of violating the provisions of subsection (1) is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed 10 years or be fined not to exceed $50,000, or both.

(3) Subsection (1) does not prohibit:

(a) an act protected pursuant to Article II of the Montana constitution;

(b) an act of a governmental military force;

(c) an act of a peace officer performed in the lawful performance of the officer's duties;

(d) an authorized activity of the department of fish, wildlife, and parks; the department of corrections; a law enforcement agency; or the law enforcement academy;

(e) training in nonviolent civil disobedience techniques;

(f) lawful self-defense or defense of others or an activity intended to teach or practice self-defense or self-defense techniques; or

(g) a facility, program, or lawful activity related to firearms instruction or training intended to teach the safe handling and use of firearms or activities or sports related to recreational use or possession of firearms.

(4) Sections 45-8-107 through 45-8-109 do not apply to an employer or employees involved in a labor dispute.
Mont. Code Ann. § 45-8-336 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-336
45-8-336 Possession of silencer
Status: in_force

45-8-336 . Possession of silencer. (1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.

(2) A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.
Mont. Code Ann. § 45-2-104 — MT Code / Title 45 / Chapter 2 / Part 1 / Section 45-2-104
45-2-104 Absolute liability
Status: in_force

45-2-104 . Absolute liability. A person may be guilty of an offense without having, as to each element of the offense, one of the mental states of knowingly, negligently, or purposely only if the offense is punishable by a fine not exceeding $500 or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.
Mont. Code Ann. § 45-8-407 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-407
45-8-407 Exceptions
Status: in_force

45-8-407 . Exceptions. This part does not apply to employees engaged in lawful concerted activities for their mutual aid and protection or to the lawful activities of labor organizations or their members or agents.
Mont. Code Ann. § 45-8-328 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-328
45-8-328 Carrying concealed weapon in prohibited place -- penalty
Status: in_force

45-8-328 . Carrying concealed weapon in prohibited place -- penalty. (1) Except for a person issued a permit pursuant to 45-8-321 or 45-8-312 or a person recognized pursuant to 45-8-329 , a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in portions of a building used for state or local government offices and related areas in the building that have been restricted.

(2) A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both.
Mont. Code Ann. § 45-8-301 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-301
45-8-301 Uniformity of interpretation
Status: in_force

45-8-301 . Uniformity of interpretation. Sections 45-8-302 through 45-8-305 and 45-8-307 must be interpreted and construed to effectuate their general purpose to make uniform the law of those states that enact them.
Mont. Code Ann. § 45-7-305 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-305
45-7-305 Compounding of felony
Status: in_force

45-7-305 . Compounding of felony. (1) A person commits the offense of compounding a felony if the person knowingly accepts or agrees to accept any pecuniary benefit in consideration for:

(a) refraining from seeking prosecution of a felony; or

(b) refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony.

(2) A person convicted of compounding a felony shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 45-8-114 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-114
45-8-114 Failure to yield party line
Status: in_force

45-8-114 . Failure to yield party line. (1) Any person who fails to relinquish a telephone party line or public pay telephone after the person has been requested to do so to permit another to place an emergency call to a fire department or police department or for medical aid or ambulance service shall be imprisoned for a term not to exceed 10 days or be fined not to exceed $25, or both.

(2) It is a defense to prosecution under subsection (1) that the accused did not know or did not have reason to know of the emergency in question or that the accused was using the telephone party line or public pay telephone for an emergency call.

(3) Any person who requests another to relinquish a telephone party line or public pay telephone on the pretext that the person needs to place an emergency call, knowing the pretext to be false, shall be imprisoned for a term not to exceed 10 days or be fined not to exceed $25, or both.

(4) Each telephone company doing business in this state shall print a copy of subsections (1), (2), and (3) in each telephone directory published by it.
Mont. Code Ann. § 45-7-303 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-303
45-7-303 Obstructing justice
Status: in_force

45-7-303 . Obstructing justice. (1) For the purpose of this section "an offender" means a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.

(2) A person commits the offense of obstructing justice if, knowing another person is an offender, the person purposely:

(a) harbors or conceals an offender;

(b) warns an offender of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring an offender into compliance with the law;

(c) provides an offender with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension;

(d) prevents or obstructs by means of force, deception, or intimidation anyone from performing an act that might aid in the discovery or apprehension of an offender;

(e) suppresses by act of concealment, alteration, or destruction any physical evidence that might aid in the discovery or apprehension of an offender; or

(f) aids an offender who is subject to official detention to escape from official detention.

(3) A person convicted of obstructing justice shall be:

(a) imprisoned in the state prison for a term not to exceed 10 years if the offender has been or is liable to be charged with a felony; or

(b) fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, if the offender has been or is liable to be charged with a misdemeanor.
Mont. Code Ann. § 45-7-201 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-201
45-7-201 Perjury
Status: in_force

45-7-201 . Perjury. (1) A person commits the offense of perjury if in any official proceeding the person knowingly makes a false statement under oath or equivalent affirmation or swears or affirms the truth of a statement previously made when the statement is material.

(2) A person convicted of perjury shall be punished by imprisonment in the state prison for any term not to exceed 10 years or be punished by a fine of not more than $50,000, or both.

(3) Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.

(4) It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at any time when the offender presents it as being so verified must be considered to have been sworn or affirmed.

(5) A person may not be guilty of an offense under this section if the person retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.

(6) When the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In that case, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.

(7) A person may not be convicted of an offense under this section when proof of falsity rests solely upon the testimony of a single person other than the defendant.
Mont. Code Ann. § 45-9-107 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-107
45-9-107 Criminal possession of precursors to dangerous drugs
Status: in_force

45-9-107 . Criminal possession of precursors to dangerous drugs. (1) Except as provided in 50-32-609 , a person commits the offense of criminal possession of precursors to dangerous drugs if:

(a) the person possesses any material, compound, mixture, or preparation that contains any combination of the following with intent to manufacture dangerous drugs:

(i) phenyl-2-propanone (phenylacetone);

(ii) piperidine in conjunction with cyclohexanone;

(iii) ephedrine;

(iv) lead acetate;

(v) methylamine;

(vi) methylformamide;

(vii) n-methylephedrine;

(viii) phenylpropanolamine;

(ix) pseudoephedrine;

(x) anhydrous ammonia;

(xi) hydriodic acid;

(xii) red phosphorus;

(xiii) iodine in conjunction with ephedrine, pseudoephedrine, or red phosphorus;

(xiv) lithium in conjunction with anhydrous ammonia; or

(b) the person knowingly possesses anhydrous ammonia for the purpose of manufacturing dangerous drugs.

(2) A person convicted of criminal possession of precursors to dangerous drugs shall be imprisoned in the state prison for a term not less than 2 years or more than 20 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-5-631 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-631
45-5-631 Interference with parent-child contact
Status: in_force

45-5-631 . Interference with parent-child contact. (1) A person who has been granted parent-child contact under a parenting plan commits the offense of interference with parent-child contact if the person knowingly or purposely prevents, obstructs, or frustrates the rights of another person entitled to parent-child contact under an existing court order.

(2) A person convicted of the offense of interference with parent-child contact shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 5 days, or both.
Mont. Code Ann. § 45-2-204 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-204
45-2-204 Liability of firefighters
Status: in_force

45-2-204 . Liability of firefighters. (1) A firewarden, firefighter, or officer or employee of a state or governmental fire agency is not criminally liable for acts or omissions while fighting fires other than acts or omissions committed with demonstrable criminal intent.

(2) For the purposes of this section, "governmental fire agency" means a fire protection entity organized under Title 7, chapter 33.
Mont. Code Ann. § 45-7-304 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-304
45-7-304 Failure to aid peace officer
Status: in_force

45-7-304 . Failure to aid peace officer. (1) A peace officer may order a person to cooperate when it is reasonable for the peace officer to enlist the cooperation of that person in:

(a) effectuating or securing an arrest of another pursuant to 46-6-402 ; or

(b) preventing the commission by another of an offense.

(2) A person commits the offense of failure to aid a peace officer if the person knowingly refuses to obey an order described in subsection (1).

(3) A person convicted of the offense of failure to aid a peace officer shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 45-1-102 — MT Code / Title 45 / Chapter 1 / Part 1 / Section 45-1-102
45-1-102 General purposes and principles of construction
Status: in_force

45-1-102 . General purposes and principles of construction. (1) The general purposes of the provisions governing the definition of offenses are:

(a) to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or public interests;

(b) to safeguard conduct that is without fault from condemnation as criminal;

(c) to give fair warning of the nature of the conduct declared to constitute an offense;

(d) to differentiate on reasonable grounds between serious and minor offenses.

(2) The rule of the common law that penal statutes are to be strictly construed has no application to this code. All its provisions are to be construed according to the fair import of their terms with a view to effect its object and to promote justice.
Mont. Code Ann. § 45-9-202 — MT Code / Title 45 / Chapter 9 / Part 2 / Section 45-9-202
45-9-202 Alternative sentencing authority
Status: in_force

45-9-202 . Alternative sentencing authority. (1) A person convicted of a dangerous drug felony offense under this chapter may, in lieu of imprisonment, be sentenced according to the alternatives provided in subsection (2).

(2) If the court determines, either from the face of the record or from a presentence investigation and report, that incarceration of the defendant is not appropriate, the court may, as a condition of a suspended or deferred sentence, impose one or more of the following alternatives:

(a) imposition of a fine not to exceed the maximum amount provided by statute for those offenses that specify a fine as part of the penalty or $1,000 for those offenses that do not specify a fine;

(b) commitment to a residential drug treatment facility licensed and approved by the state for rehabilitative treatment for not less than the minimum recommended time determined necessary by the facility and not more than 1 year;

(c) mandatory service of not more than 2,000 hours in a community-based drug treatment or drug education program with compliance to be monitored by the probation and parole bureau of the department of corrections based upon information provided by the treatment or education program;

(d) if recommended by the probation and parole bureau, placement in a program of intensive probation that requires, at a minimum, that the defendant comply with all of the following conditions:

(i) maintain employment or full-time student status at an approved school, making progress satisfactory to the probation officer, or be involved in supervised job searches and community service work designated by the probation officer;

(ii) pay probation supervision fees through the department of corrections of not less than $50 a month to be deposited in the account established in 46-23-1031 ;

(iii) find a place to reside approved by the probation officer that may not be changed without the officer's approval;

(iv) remain at the residence at all times except to go to work, to attend school, or to perform community service or as otherwise specifically allowed by the probation officer;

(v) remain drug free and submit to drug and alcohol tests administered randomly not less than once each month by or under supervision of the probation officer;

(vi) perform not less than 10 hours of community service each month as approved by the probation officer, except that full-time students may be exempted or required to perform fewer hours of community service;

(vii) enroll or make satisfactory effort to seek enrollment in an approved drug rehabilitation program; and

(viii) comply with any other conditions imposed by the court to meet the needs of the community and the defendant;

(e) suspension or revocation of the defendant's driver's license issued under Title 61, chapter 5, subject to the following terms and conditions:

(i) upon the first conviction of an offense under this chapter, the driver's license must be suspended for 6 months;

(ii) upon the second conviction, the driver's license must be revoked for 1 year;

(iii) upon a third or subsequent conviction, the driver's license must be revoked for 3 years.
Mont. Code Ann. § 45-8-374 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-374
45-8-374 Limitations on negligent marketing claims
Status: in_force

45-8-374 . Limitations on negligent marketing claims. It is unlawful for a person to bring a negligent marketing claim against a manufacturer or seller of firearms or ammunition unless all of the following conditions are met:

(1) the marketing practice directly targeted individuals who are legally prohibited from owning firearms;

(2) the marketing practice encouraged or facilitated the unlawful use of firearms;

(3) there is a direct and substantial causal link between the marketing practice and the harm suffered by the plaintiff; and

(4) the marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.
Mont. Code Ann. § 45-6-313 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-313
45-6-313 Medicaid fraud
Status: in_force

45-6-313 . Medicaid fraud. (1) A person commits the offense of medicaid fraud when:

(a) the person obtains a medicaid payment or benefit for the person or another person by purposely or knowingly making, submitting, or authorizing the making or submitting of a false or misleading medicaid claim, statement, representation, application, or document to a medicaid agency for a service or item that the person is not entitled to under applicable statutes or under rules adopted under Title 2, chapter 4;

(b) the person purposely or knowingly:

(i) solicits, accepts, offers, or provides any remuneration, including but not limited to a kickback, bribe, or rebate, other than an amount legally payable under the medical assistance program, for furnishing services or items for which payment may be made under the medicaid program or in return for purchasing, leasing, ordering, arranging for, or recommending the purchasing, leasing, or ordering of any services or items from a provider for which payment may be made under the medicaid program; or

(ii) makes, offers, or accepts a remuneration, a rebate of a fee, or a charge for referring a recipient to another provider for the furnishing of services or items for which payment may be made under the medicaid program; or

(c) the person, with respect to a managed care contract, health maintenance organization contract, or similar contract or subcontract under the medicaid program, purposely or knowingly fails or refuses to provide covered medically necessary services to eligible recipients as required by the contract.

(2) Any conduct or activity that does not violate or that is protected under the provisions of, or federal regulations adopted under, 42 U.S.C. 1395nn or 42 U.S.C. 1320a-7b(b), as may be amended, is not considered an offense under subsection (1)(b), and the conduct or activity must be accorded the same protections allowed under federal laws and regulations.

(3) In a prosecution for a violation of this section, it is a defense if the person acted in reliance upon the written authorization or advice of the department.

(4) (a) A person convicted of the offense of medicaid fraud involving payments, benefits, or claims 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 second offense shall be fined $1,500 and be imprisoned in the county jail for a term not less than 10 days or more than 6 months. A person convicted of a third or subsequent offense shall be fined $1,500 and be imprisoned in the county jail for a term not less than 30 days or more than 1 year.

(b) A person convicted of the offense of medicaid fraud involving payments, benefits, or claims exceeding $1,500 in value shall be fined an amount not to exceed the greater of $50,000 or 10 times the value of the payments obtained or be imprisoned in the state prison for a term not to exceed 10 years, or both.

(c) For purposes of imposing sentence for a conviction under subsection (1)(b), the value of payments or benefits involved is the greater of the value of medicaid payments or benefits received as a result of the illegal conduct or activity or the value of the remuneration, rebate, or charge involved.

(d) Amounts involved in medicaid fraud committed pursuant to a common scheme or the same transaction may be aggregated in determining the value involved.

(e) A person convicted of the offense of medicaid fraud must be suspended from participation in the medicaid program:

(i) for any period of time not less than 1 year for a first offense, or the person may be permanently terminated from participation in the medical assistance program;

(ii) for any period of time not less than 3 years for a second offense, or the person may be permanently terminated from participation in the medical assistance program; or

(iii) permanently for a third offense.

(5) In addition to any other penalty provided by law, a person convicted of medicaid fraud is not entitled to bill or collect from the recipient, the medicaid program, or any other third-party payor for the services or items involved and shall repay to the medicaid program any payments or benefits obtained by any person for the services or items involved.

(6) The establishment of the criminal offenses specified in this section does not preclude the application of any other provision of law.
Mont. Code Ann. § 45-6-103 — MT Code / Title 45 / Chapter 6 / Part 1 / Section 45-6-103
45-6-103 Arson
Status: in_force

45-6-103 . Arson. (1) A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely:

(a) damages or destroys a structure, vehicle, personal property (other than a vehicle) that exceeds $1,500 in value, crop, pasture, forest, or other real property that is property of another without consent;

(b) damages or destroys a structure, vehicle, crop, pasture, forest, or other property that the person owns or has a possessory interest in, with the purpose of obtaining a pecuniary or other gain through fraud or deception; or

(c) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion.

(2) A person convicted of the offense of arson shall be imprisoned in the state prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-6-301 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-301
45-6-301 Theft
Status: in_force

45-6-301 . Theft. (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.

(2) A person commits the offense of theft when the person purposely or knowingly obtains by threat or deception 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.

(3) A person commits the offense of theft when the person purposely or knowingly obtains control over stolen property knowing the property to have been stolen by another 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.

(4) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over any part of any public assistance provided under Title 52 or 53 by a state or county agency, regardless of the original source of assistance, by means of:

(a) a knowingly false statement, representation, or impersonation; or

(b) a fraudulent scheme or device.

(5) A person commits the offense of theft when the person purposely or knowingly obtains or exerts or helps another obtain or exert unauthorized control over any part of any benefits provided under Title 39, chapter 51 or 71, by means of:

(a) a knowingly false statement, representation, or impersonation; or

(b) deception or other fraudulent action.

(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.

(7) (a) 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.

(b) (i) 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

or the theft of any amount of anhydrous ammonia for the purpose of manufacturing dangerous drugs 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.

(ii) A person convicted of the theft of any commonly domesticated hoofed animal shall be fined an amount of not less than $5,000 or more than $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both. 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. In addition to the fine and imprisonment, the offender's property is subject to criminal forfeiture pursuant to 45-6-328 and 45-6-329 .

(c) 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.

(d) 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.

(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.
Mont. Code Ann. § 45-8-367 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-367
45-8-367 Definitions
Status: in_force

45-8-367 . Definitions. As used in 45-8-365 through 45-8-368 , the following definitions apply:

(1) "Federal ban" means a federal law, executive order, rule, regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 1, 2021, that infringes upon, calls in question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.

(2) "Firearm" means any self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun.

(3) "Peace officer" has the meaning provided in 45-2-101 , except that 45-8-365 through 45-8-368 do not apply to federal employees.

(4) "Political subdivision" means a city, town, county, consolidated government, or other political subdivision of the state.
Mont. Code Ann. § 45-5-801 — MT Code / Title 45 / Chapter 5 / Part 8 / Section 45-5-801
45-5-801 Definitions
Status: in_force

45-5-801 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) (a) "Abuse" means:

(i) the commission of assault as described in 45-5-201 ;

(ii) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority; or

(iii) the causing of personal degradation of a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy.

(b) For the purposes of subsection (1)(a)(ii), a declaration made pursuant to 50-9-103 constitutes lawful authority.

(2) "Incapacitated person" has the same meaning as provided in 72-5-101 .

(3) "Neglect" means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult.

(4) (a) "Personal degradation" means publication or distribution of a printed or electronic photograph or video of a vulnerable adult when the person publishing or distributing intends to demean or humiliate the vulnerable adult or knows or reasonably should know that the publication or distribution would demean or humiliate a reasonable person.

(b) The term does not include the recording and dissemination of images or video for treatment, diagnosis, regulatory compliance, or law enforcement purposes as part of an investigation or in accordance with a facility or program's confidentiality policy and release of information or consent policy.

(5) "Sexual abuse" means the commission of a sexual offense as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2.

(6) "Vulnerable adult" means a person who:

(a) is 60 years of age or older; or

(b) is 18 years of age or older and:

(i) is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or

(ii) has a developmental disability as defined in 53-20-102 .
Mont. Code Ann. § 45-5-503 — MT Code / Title 45 / Chapter 5 / Part 5 / Section 45-5-503
45-5-503 Sexual intercourse without consent
Status: in_force

45-5-503 . Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse with another person without consent or with another person who is incapable of consent commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse, as provided in 45-5-501 (1)(b)(iv).

(2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 20 years and may be fined not more than $50,000, except as provided in 46-18-219 , 46-18-222 , and subsections (3), (4), and (5) of this section.

(3) (a) If the victim is less than 16 years old and the offender is 4 or more years older than the victim or if the offender inflicts bodily injury on anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222 .

(b) If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222 .

(c) If the offender was previously convicted of an offense under this section or of an offense under the laws of another state or of the United States that if committed in this state would be an offense under this section and if the offender inflicted serious bodily injury on a person in the course of committing each offense, the offender shall be:

(i) punished by death as provided in 46-18-301 through 46-18-310 , unless the offender is less than 18 years of age at the time of the commission of the offense; or

(ii) punished as provided in 46-18-219 .

(4) (a) If the victim was 12 years of age or younger and the offender in the course of committing a violation of this section was 18 years of age or older at the time of the offense, the offender:

(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (4)(a)(i) except as provided in 46-18-222 (1) through (5), and during the first 25 years of imprisonment, the offender is not eligible for parole. The exception provided in 46-18-222 (6) does not apply.

(ii) may be fined an amount not to exceed $50,000; and

(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.

(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010 .

(5) If the victim is at least 14 years of age and the offender is 18 years of age or younger, the offender may be punished by imprisonment in the state prison for a term of not more than 5 years and may be fined not more than $10,000 if:

(a) the offender has not previously been found to have committed or been adjudicated for a sexual offense as defined in 46-23-502 ;

(b) a psychosexual evaluation of the offender has been prepared and the court finds that registration is not necessary for protection of the public and that relief from registration is in the public's best interest; and

(c) the court finds that the alleged conduct was consensual as indicated by words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact.

(6) In addition to any sentence imposed under subsection (2) or (3), the court shall require the offender to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided in 46-18-244 .

(7) As used in subsections (3) and (4), an act "in the course of committing sexual intercourse without consent" includes an attempt to commit the offense or the act of flight after the attempt or commission.

(8) If as a result of sexual intercourse without consent a child is born, the offender who has been convicted of an offense under this section and who is the biological parent of the child resulting from the sexual intercourse without consent forfeits all parental and custodial rights to the child if the provisions of 46-1-401 have been followed.
Mont. Code Ann. § 45-7-205 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-205
45-7-205 False reports to peace officers
Status: in_force

45-7-205 . False reports to peace officers. (1) A person commits an offense under this section if the person knowingly:

(a) gives false information to any peace officer with the purpose to implicate another;

(b) reports to a peace officer an offense or other incident within the officer's concern knowing that it did not occur; or

(c) pretends to furnish a peace officer with information relating to an offense or incident when the person knows that the person has no information relating to the offense or incident.

(2) A person convicted under this section shall:

(a) if the crime falsely reported was a misdemeanor, be sentenced to not more than 6 months in the county jail or fined not more than $500, or both; or

(b) if the crime falsely reported was a felony, be sentenced to not more than 4 years in the state prison or fined not more than $10,000, or both.
Mont. Code Ann. § 45-2-201 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-201
45-2-201 Causal relationship between conduct and result
Status: in_force

45-2-201 . Causal relationship between conduct and result. (1) Conduct is the cause of a result if:

(a) without the conduct the result would not have occurred; and

(b) any additional causal requirements imposed by the specific statute defining the offense are satisfied.

(2) If purposely or knowingly causing a result is an element of an offense and the result is not within the contemplation or purpose of the offender, either element can nevertheless be established if:

(a) the result differs from that contemplated only in the respect that a different person or different property is affected or that the injury or harm caused is less than contemplated; or

(b) the result involves the same kind of harm or injury as contemplated but the precise harm or injury was different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense.

(3) If negligently causing a particular result is an element of an offense and the result is not within the risk of which the offender is aware or should be aware, either element can nevertheless be established if:

(a) the actual result differs from the probable result only in the respect that a different person or different property is affected or that the actual injury or harm is less; or

(b) the actual result involves the same kind of injury or harm as the probable result, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense.
Mont. Code Ann. § 45-5-231 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-231
45-5-231 Definitions
Status: in_force

45-5-231 . Definitions. As used in 45-5-231 through 45-5-234 , unless the context requires otherwise, the following definitions apply:

(1) "Assault on a partner or family member" has the meaning provided in 45-5-206 for partner or family member assault.

(2) "Chemical dependency treatment" means required counseling and treatment related to chemical dependency issues.

(3) "Counseling" means clinical professional counseling as defined in 37-39-102 and includes group counseling for the purposes of 45-5-231 through 45-5-234 .

(4) "Investigative criminal justice report" means the investigative report prepared by a law enforcement agency associated with an offender's arrest for an assault on a partner or family member, excluding any confidential information relating to the victim's location and confidential information not related to the offense.

(5) "Offender" means a person convicted of an assault on a partner or family member.

(6) "Offender intervention program" means the combination of counseling and other services that is organized in a judicial district to provide a preliminary assessment for counseling and other services that are required for an offender.

(7) "Preliminary assessment for counseling" means the counseling assessment completed by a counselor to determine an offender's need for counseling, attendance at psychoeducational groups, and referrals for other treatment. This assessment must be completed either before or within 4 weeks after counseling and psychoeducational groups are started.

(8) "Psychoeducational group" means a group discussion, with instructional content themes, that encourages sharing and feedback, increases self-awareness, and is aimed at facilitating change in group members' daily lives.

(9) "Recreational intoxicant" means a substance, drug, or other chemical that was taken for the purpose of causing a person to be in a different emotional or psychological state and was not taken for a medically recognized therapeutic purpose.

(10) "Victim" means a person against whom the offender committed an assault.
Mont. Code Ann. § 45-8-217 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-217
45-8-217 Aggravated animal cruelty
Status: in_force

45-8-217 . Aggravated animal cruelty. A person commits the offense of aggravated animal cruelty if the person purposely or knowingly:

(1) kills or inflicts cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal; or

(2) inflicts cruelty to animals on a collection, kennel, or herd of 10 or more animals.
Mont. Code Ann. § 45-6-320 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-320
45-6-320 Theft of nonferrous metal
Status: in_force

45-6-320 . Theft of nonferrous metal. (1) A person commits the offense of theft of nonferrous metal if the person purposely or knowingly takes, steals, carries away, destroys, injures, or otherwise damages any personal or real property of another without consent, including fixtures or improvements, for the purpose of obtaining nonferrous metal as defined in 30-22-101 .

(2) (a) If the injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss is less than $1,500, the person shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 1 year, or both.

(b) If the injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss is $1,500 or more, the person 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.
Mont. Code Ann. § 45-8-355 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-355
45-8-355 Legislative findings
Status: reserved

45-8-355 . Legislative findings. The legislature declares and finds as follows:

(1) Nowhere in Article X, section 9(2)(a), of the Montana constitution is any power granted to amend, suspend, alter, or abolish the Montana constitution, nor is any power granted to affect or interfere with the rights the people have reserved to themselves specifically from interference by government entities and government actors in Article II of the Montana constitution.

(2) The Montana university system was created and is controlled by the Montana constitution and the land and buildings occupied by the university system are public property and not private property and are therefore clearly government entities.

(3) Any significant prohibition upon the possession of firearms at or on the various campuses of the Montana university system calls into question the rights that the people have reserved to protect themselves from government interference under Article II, section 12, of the Montana constitution.

(4) Zones where guns are prohibited provide an increased risk to the health and safety of citizens because these zones create an unreasonable expectation of government-provided safety, while that safety cannot be provided or ensured.

(5) In District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010), the United States supreme court affirmed that the second amendment to the United States constitution reserves to individuals the fundamental right to keep and bear arms for self-defense and is applicable as a restriction upon state and local governments and all political subdivisions of state and local government through the 14th amendment to the United States constitution.
Mont. Code Ann. § 45-8-226 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-226
45-8-226 Definitions
Status: in_force

45-8-226 . Definitions. As used in 45-8-226 through 45-8-229 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Notice" means a verbal or otherwise communicated warning regarding the behavior of another person and a request that the person stop the behavior.

(2) "Service animal" has the same meaning as provided in 49-4-203 .

(3) "Value" means the valuation of a service animal, including but not limited to the initial cost to purchase the animal and other expenses incurred, such as the cost of training, licensing, and hardware necessary for the use of the service animal.
Mont. Code Ann. § 45-7-309 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-309
45-7-309 Criminal contempt
Status: in_force

45-7-309 . Criminal contempt. (1) A person commits the offense of criminal contempt when the person knowingly engages in any of the following conduct:

(a) disorderly, contemptuous, or insolent behavior committed during the sitting of a court in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority;

(b) breach of the peace, noise, or other disturbance directly tending to interrupt a court's proceeding;

(c) purposely disobeying or refusing any lawful process or other mandate of a court;

(d) unlawfully refusing to be sworn as a witness in any court proceeding or, after being sworn, refusing to answer any legal and proper interrogatory;

(e) purposely publishing a false or grossly inaccurate report of a court's proceeding;

(f) purposely failing to obey any mandate, process, or notice relative to juries issued pursuant to Title 3, chapter 15; or

(g) purposely failing to comply with the requirements of the 24/7 sobriety and drug monitoring program provided for in Title 44, chapter 4, part 12, if ordered by a court to participate in the program.

(2) A person convicted of the offense of criminal contempt shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 45-7-210 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-210
45-7-210 False claim to public agency
Status: in_force

45-7-210 . False claim to public agency. (1) A person commits an offense under this section if the person knowingly presents for allowance, for payment, or for the purpose of concealing, avoiding, or decreasing an obligation to pay a false or fraudulent claim, bill, account, voucher, or writing to a public agency, public servant, or contractor authorized to allow or pay valid claims presented to a public agency.

(2) (a) Except as provided in subsection (2)(b), a person convicted of an offense under this section shall be fined not to exceed $1,500 or imprisoned in the county jail for a term not to exceed 6 months, or both.

(b) If a false or fraudulent claim is knowingly submitted as part of a common scheme or if the value of the claim or the aggregate value of one or more claims exceeds $1,500, a person convicted of an offense under this section shall be fined not to exceed $10,000 or imprisoned in the state prison for a term not to exceed 10 years, or both.
Mont. Code Ann. § 45-6-325 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-325
45-6-325 Forgery
Status: in_force

45-6-325 . Forgery. (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.

(2) 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.

(3) A document or other object capable of being used to defraud another 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.

(4) 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.
Mont. Code Ann. § 45-10-103 — MT Code / Title 45 / Chapter 10 / Part 1 / Section 45-10-103
45-10-103 Criminal possession of drug paraphernalia
Status: in_force

45-10-103 . Criminal possession of drug paraphernalia. Except as provided in Title 16, chapter 12, or 50-32-609 , it is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.
Mont. Code Ann. § 45-6-106 — MT Code / Title 45 / Chapter 6 / Part 1 / Section 45-6-106
45-6-106 Criminal mischief damage to rental property
Status: in_force

45-6-106 . Criminal mischief damage to rental property. (1) A tenant commits the offense of criminal mischief damage to rental property if the tenant purposely or knowingly destroys, defaces, damages, impairs, or removes any part of the premises with a value of at least $1,000 or permits any person to do so in violation of 70-24-321 (2) or 70-33-321 (3).

(2) A person convicted of the offense of criminal mischief damage to rental property shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) A person convicted of criminal mischief damage to rental property must be ordered to make restitution in an amount and manner to be set by the court pursuant to 46-18-201 (5) and 46-18-241 through 46-18-249 .

(4) A prosecution under this section is independent of and does not constitute a waiver of any of the rights, duties, obligations, and remedies otherwise provided for under Title 70, chapter 24 or 33.

(5) A person convicted of criminal mischief damage to rental property under this section is not subject to the provisions of 45-6-101 .
Mont. Code Ann. § 45-6-326 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-326
45-6-326 Obscuring identity of machine
Status: in_force

45-6-326 . Obscuring identity of machine. (1) A person commits the offense of obscuring the identity of a machine if the person:

(a) removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any machine, vehicle, electrical device, or firearm with the purpose to conceal, misrepresent, or transfer any machine, vehicle, electrical device, or firearm; or

(b) possesses with the purpose to conceal, misrepresent, or transfer any machine, vehicle, device, or firearm knowing that the serial number or other identification number or mark has been removed or otherwise obscured.

(2) A person convicted of obscuring the identity of a machine shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) The fact of possession or transfer of any machine, vehicle, electrical device, or firearm described in subsection (1) creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured.
Mont. Code Ann. § 45-5-703 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-703
45-5-703 Labor trafficking
Status: in_force

45-5-703 . Labor trafficking. (1) A person commits the offense of labor trafficking if the person purposely or knowingly uses coercion to compel another person to provide labor or services, unless the conduct is otherwise permissible under federal or state law.

(2) Except as provided in subsection (3), a person convicted of the offense of labor trafficking shall be imprisoned in the state prison for a term of not more than 15 years, fined in the amount of $400,000, or both.

(3) If the victim is less than 18 years of age, the offender shall be imprisoned in the state prison for a term of not less than 4 years or more than 50 years, fined in the amount of $400,000, or both.
Mont. Code Ann. § 45-5-502 — MT Code / Title 45 / Chapter 5 / Part 5 / Section 45-5-502
45-5-502 Sexual assault
Status: in_force

45-5-502 . Sexual assault. (1) A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault.

(2) Except as provided in subsections (3) and (4):

(a) on a first conviction for sexual assault, the offender shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both;

(b) on a second conviction for sexual assault, the offender shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both; and

(c) on a third and subsequent conviction for sexual assault, the offender shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(3) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual assault, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years and may be fined not more than $50,000.

(4) If the victim is a client receiving psychotherapy services and the offender is providing or purporting to provide psychotherapy services to the victim, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years and may be fined not more than $50,000.

(5) An act "in the course of committing sexual assault" includes an attempt to commit the offense or flight after the attempt or commission.

(6) (a) Subject to subsections (6)(b) through (6)(f), consent is ineffective under this section if the victim is:

(i) incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation, conditional release, or parole and the perpetrator is an employee, contractor, or volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;

(ii) less than 14 years old and the offender is 3 or more years older than the victim;

(iii) receiving services from a youth care facility, as defined in 52-2-602 , and the perpetrator:

(A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and

(B) is an employee, contractor, or volunteer of the youth care facility;

(iv) admitted to a mental health facility, as defined in 53-21-102 , is admitted to a community-based facility or a residential facility, as those terms are defined in 53-20-102 , or is receiving community-based services, as defined in 53-20-102 , and the perpetrator:

(A) has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and

(B) is an employee, contractor, or volunteer of the facility or community-based service;

(v) a program participant, as defined in 52-2-802 , in a private alternative adolescent residential or outdoor program, pursuant to Title 52, chapter 2, part 8, and the perpetrator is a person associated with the program, as defined in 52-2-802 ;

(vi) the victim is a client receiving psychotherapy services and the perpetrator:

(A) is providing or purporting to provide psychotherapy services to the victim; or

(B) is an employee, contractor, or volunteer of a facility that provides or purports to provide psychotherapy services to the victim and the perpetrator has supervisory or disciplinary authority over the victim; or

(vii) a student of an elementary, middle, junior high, or high school, whether public or nonpublic, and the perpetrator is not a student of an elementary, middle, junior high, or high school and is an employee, contractor, or volunteer of any school who has ever had instructional, supervisory, disciplinary, or other authority over the student in a school setting.

(b) Subsection (6)(a)(i) does not apply if one of the parties is on probation, conditional release, or parole and the other party is a probation or parole officer of the supervising authority and the parties are married to each other.

(c) Subsections (6)(a)(iii) and (6)(a)(iv) do not apply if the individuals are married to each other and one of the individuals involved is a patient in or resident of a facility, is a recipient of community-based services, or is receiving services from a youth care facility and the other individual is an employee, contractor, or volunteer of the facility or community-based service.

(d) Subsection (6)(a)(v) does not apply if the individuals are married to each other and one of the individuals involved is a program participant and the other individual is a person associated with the program.

(e) Subsection (6)(a)(vi) does not apply if the individuals are married to each other and one of the individuals involved is a psychotherapy client and the other individual is a psychotherapist or an employee, contractor, or volunteer of a facility that provides or purports to provide psychotherapy services to the client.

(f) Subsection (6)(a)(vii) does not apply if the individuals are married to each other.
Mont. Code Ann. § 45-8-340 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-340
45-8-340 Sawed-off firearm -- penalty
Status: in_force

45-8-340 . Sawed-off firearm -- penalty. (1) A person commits the offense of possession of a sawed-off firearm if the person knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:

(a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or

(b) 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and

(c) the firearm has been modified in a manner so that the barrel length, overall length, or both, are less than specified in subsection (1)(a) or (1)(b).

(2) The barrel length is the distance from the muzzle to the rear-most point of the chamber.

(3) This section does not apply to firearms possessed:

(a) by a peace officer of this state or one of its political subdivisions;

(b) by an officer of the United States government authorized to carry weapons;

(c) by a person in actual service as a member of the national guard;

(d) by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);

(e) for educational or scientific purposes in which the firearms are incapable of being fired;

(f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, firearms and explosives; or

(g) by a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900.

(4) A person convicted of the offense of possession of a sawed-off firearm shall be fined not less than $200 or more than $500 or be imprisoned in the county jail for not less than 5 days or more than 6 months, or both, upon a first conviction. If a person has one or more prior convictions under this section or one or more prior felony convictions under a law of this state, another state, or the United States, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.
Mont. Code Ann. § 45-9-112 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-112
45-9-112 Criminal distribution of imitation dangerous drug -- penalty
Status: in_force

45-9-112 . Criminal distribution of imitation dangerous drug -- penalty. (1) A person commits the offense of criminal distribution of an imitation dangerous drug if the person knowingly or purposely sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any imitation dangerous drug.

(2) A person convicted of criminal distribution of an imitation dangerous drug to a person 18 years of age or older shall be imprisoned in the state prison for a term of not more than 5 years and may be fined not more than $50,000.

(3) A person convicted of criminal distribution of an imitation dangerous drug to a person under the age of 18 shall be imprisoned in the state prison for a term of not more than 10 years and may be fined not more than $50,000.
Mont. Code Ann. § 45-2-102 — MT Code / Title 45 / Chapter 2 / Part 1 / Section 45-2-102
45-2-102 Substitutes for negligence and knowledge
Status: in_force

45-2-102 . Substitutes for negligence and knowledge. When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts purposely or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts purposely.
Mont. Code Ann. § 45-8-373 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-373
45-8-373 Definitions
Status: in_force

45-8-373 . Definitions. As used in 45-8-371 through 45-8-377 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Firearm" means a weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, as defined in 18 U.S.C. 921(a)(3).

(2) "Manufacturer" means a person engaged in the business of manufacturing firearms or ammunition for sale or distribution.

(3) "Negligent marketing" means any advertising, promotion, or marketing practice by a manufacturer or seller that directly poses a foreseeable and substantial risk of harm to the purchaser or specific identifiable individuals.

(4) "Seller" means a person engaged in the business of selling firearms or ammunition at wholesale or retail.
Mont. Code Ann. § 45-8-322 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-322
45-8-322 Application, renewal, permit, and fees
Status: in_force

45-8-322 . Application, renewal, permit, and fees. (1) The application form must be readily available at the sheriff's office and must read as follows:

CONCEALED WEAPON PERMIT APPLICATION

To be completed by each person making application:

RESIDENT OF MONTANA AT LEAST 6 MONTHS ( ) Yes ( ) No

CITIZEN OF THE UNITED STATES ( ) Yes ( ) No

18 YEARS OF AGE OR OLDER ( ) Yes ( ) No

PLEASE TYPE OR PRINT

Full name:

Last First Middle

Alias/Maiden/Nickname:

Address: Home: Zip Employer: ........................... Zip

Phone: / / Home Employer Message

Place of birth: Date of birth: Driver's license #: Issuing state:

Social Security # (optional):

Sex ........... Ht. ........... Wt. ........... Eyes ........... Hair ...........

LIST EACH FORMER EMPLOYER OR BUSINESS ENGAGED IN FOR THE LAST 5 YEARS:

Employer or business name Address Dates of employment 1. 2. 3. 4. 5. 6.

LIST EACH PLACE IN WHICH YOU HAVE LIVED FOR THE LAST 5 YEARS:

City State Dates of residence 1. 2. 3. 4. 5. 6.

MILITARY SERVICE, BRANCH FROM TO

TYPE OF DISCHARGE RANK UPON DISCHARGE

HAVE YOU EVER BEEN ARRESTED FOR OR CONVICTED OF A CRIME OR FOUND GUILTY IN A COURT-MARTIAL PROCEEDING?

( ) YES( ) NO

IF YES, COMPLETE THE FOLLOWING (Exceptions: minor traffic violations) (Attach additional sheet if necessary):

City State Charge Date 1. 2. 3. 4. 5.

LIST THREE PERSONS WHOM YOU HAVE KNOWN FOR AT LEAST 5 YEARS THAT WILL BE CREDIBLE WITNESSES TO YOUR GOOD MORAL CHARACTER AND PEACEABLE DISPOSITION (DO NOT include relatives or present/past employers):

Name Address Phone 1. 2. 3.

PLEASE EXPLAIN YOUR REASONS FOR REQUESTING THIS PERMIT (Attach additional sheet if necessary):

I, the undersigned applicant, swear that the foregoing information is true and correct to the best of my knowledge and belief and is given with the full knowledge that any misstatement may be sufficient cause for denial or revocation of a permit to carry a concealed weapon. I authorize any person having information concerning me that relates to the information requested by this application and the requirements for a concealed weapon permit, either public record or otherwise, to furnish it to the sheriff to whom this application is made.

................................................

Signature

................................................

Date of application

This application must be

signed in the presence of

the sheriff or a designee.

(2) The application must be in triplicate. The applicant must be given the original at the time the completed application is filed with the sheriff, the sheriff shall keep a copy for at least 4 years, and a copy must, within 7 days of the sheriff's receipt of the application, be mailed to the chief of police if the applicant resides in a city or town with a police force.

(3) The fee for issuance of a permit is $50. The permit must be renewed for additional 4-year periods upon payment of a $25 fee for each renewal and upon request for renewal made within 90 days before expiration of the permit with a 30-day grace period after the expiration. The permit and each renewal must be in triplicate, in a form prescribed by the department of justice, and must, at a minimum, include the name, address, physical description, signature, driver's license number, state identification card number, or tribal identification card number, and a picture of the permittee. A person in the United States armed forces satisfies the requirement of submitting a picture if the person submits pictures of the front of the person's military identification card and the person's Montana driver's license. The permit must state that federal and state laws on possession of firearms and other weapons differ and that a person who violates the federal law may be prosecuted in federal court and the Montana permit will not be a defense. The permittee must be given the original, and the sheriff shall keep a copy and send a copy to the department of justice, which shall keep a central repository record of all permits. Replacement of a lost permit must be treated as a renewal under this subsection.

(4) The sheriff shall conduct a background check of an applicant to determine whether the applicant is eligible for a permit under 45-8-321 , may require an applicant to submit the applicant's fingerprints, and may charge the applicant $5 for fingerprinting. A renewal does not require repeat fingerprinting.

(5) Permit, background, and fingerprinting fees may be retained by the sheriff and used to implement 45-8-321 through 45-8-324 .

(6) A state or local government law enforcement agency or other agency or any of its officers or employees may not request a permittee to voluntarily submit information in addition to that required on an application and permit.

(7) All of the information on the application is confidential, and the sheriff shall treat the confidential information on the application as confidential criminal justice information pursuant to Title 44, chapter 5.
Mont. Code Ann. § 45-7-601 — MT Code / Title 45 / Chapter 7 / Part 6 / Section 45-7-601
45-7-601 Misuse of confidential criminal justice information
Status: in_force

45-7-601 . Misuse of confidential criminal justice information. (1) A person commits the offense of misuse of confidential criminal justice information if the person is entitled to directly access the criminal justice information network and purposely or knowingly:

(a) accesses the criminal justice information network for personal use or financial gain; or

(b) disseminates information accessed from the criminal justice information network to any person who is not authorized to receive confidential criminal justice information pursuant to 44-5-303 .

(2) A person convicted of the offense of misuse of confidential criminal justice information shall be imprisoned in the county jail for a term not to exceed 6 months and be fined an amount not less than $500.

(3) For purposes of this section, the following definitions apply:

(a) "Confidential criminal justice information" has the meaning provided in 44-5-103 .

(b) "Criminal justice information network" has the meaning provided in 44-2-301 .
Mont. Code Ann. § 45-8-314 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-314
45-8-314 Lifetime firearms supervision of certain convicted persons
Status: in_force

45-8-314 . Lifetime firearms supervision of certain convicted persons. (1) For the purposes of rehabilitation and public protection, a person convicted of an offense referred to in 45-8-313 shall, as part of the sentence imposed, be sentenced to life supervision by the state for the purpose of restricting the person's right to purchase and possess firearms. Active supervision by a probation or parole officer is not required but may be imposed by the court. "Supervision" means that the person may not violate 45-8-313 and must comply with other state and federal law restrictions on the purchase and possession of firearms.

(2) (a) A person subject to subsection (1) may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. The person shall show good cause for the possession of each firearm sought to be purchased and possessed. The grant or denial of the application does not prevent the person from making another application, except that if an application is denied, another application may not be made for the next 12 months.

(b) The application must contain the following information:

(i) the person's full name and any past or present aliases;

(ii) the person's date and place of birth;

(iii) the person's address;

(iv) the person's occupation;

(v) the make and model of each firearm sought to be purchased and possessed;

(vi) the date and place of each conviction of an offense referred to in 45-8-313 , the name of the offense, the state and county in which the offense occurred, the sentence imposed, the place or places of incarceration, and the date of discharge from supervision for the last offense;

(vii) the name and business address of the person's last probation or parole officer; and

(viii) any other information considered necessary by the court.

(c) The person shall, at the time of filing the application with the court, mail a copy to the county attorney and county sheriff.

(d) The county attorney or county sheriff may file a written objection with the court. If no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held within 60 days after the filing of the objection. If the court first finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application and that, but for the objection, the court would have granted a permit, the court shall decide whether the objection is valid and overrides the good cause showing and requires denial of the permit.
Mont. Code Ann. § 45-8-359 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-359
45-8-359 Remedy for violations
Status: in_force

45-8-359 . Remedy for violations. Any person that suffers deprivation of rights enumerated under 45-8-353 through 45-8-358 has a cause of action against any governmental entity, as defined in 2-9-101 .The cause of action must be filed in district court. If a person asserting a deprivation of rights prevails, the person may be awarded reasonable costs, attorney fees, and damages.
Mont. Code Ann. § 45-8-375 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-375
45-8-375 Predicate exception limitation
Status: in_force

45-8-375 . Predicate exception limitation. (1) The predicate exception under the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., may not be interpreted broadly. A claim may only proceed if the specific statute cited as being violated:

(a) explicitly regulates firearms or ammunition; and

(b) provides clear, concrete requirements that the manufacturer or seller failed to meet, which directly caused the harm in question.

(2) General state consumer protection laws or public nuisance laws may not be considered as statutes applicable to the sale or marketing of firearms or ammunition for the purposes of the predicate exception.

(3) A broad interpretation of the predicate exception, which could effectively replace the law by allowing general statutes to circumvent the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., must be explicitly rejected.
Mont. Code Ann. § 45-7-207 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-207
45-7-207 Tampering with or fabricating physical evidence -- penalties
Status: in_force

45-7-207 . Tampering with or fabricating physical evidence -- penalties. (1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, the person:

(a) alters, destroys, conceals, or removes any record, document, or thing with purpose to impair its verity or availability in the proceeding or investigation; or

(b) makes, presents, or uses any record, document, or thing knowing it to be false and with purpose to mislead any person who is or may be engaged in the proceeding or investigation.

(2) (a) Except as provided in subsection (2)(b), a person convicted of tampering with or fabricating physical evidence shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

(b) A person convicted of tampering with or fabricating physical evidence in connection with a homicide or homicide investigation and who in so doing affected the ability of a coroner or medical examiner to determine either a cause of death or manner of death, or both, shall be imprisoned in the state prison for a term not to exceed 40 years or be fined an amount not to exceed $100,000, or both.
Mont. Code Ann. § 45-8-321 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-321
45-8-321 Permit to carry concealed weapon
Status: in_force

45-8-321 . Permit to carry concealed weapon. (1) A county sheriff shall, within 60 days after the filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 5 years from the date of issuance. An applicant must be a United States citizen or permanent lawful resident who is 18 years of age or older and who holds a valid Montana driver's license or other form of identification issued by the state that has a picture of the person identified. An applicant must have been a resident of the state for at least 6 months. Except as provided in subsection (2), this privilege may not be denied an applicant unless the applicant:

(a) is ineligible under Montana or federal law to own, possess, or receive a firearm;

(b) has been charged and is awaiting judgment in any state of a state or federal crime that is punishable by incarceration for 1 year or more;

(c) subject to the provisions of subsection (6), has been convicted in any state or federal court of:

(i) a crime punishable by more than 1 year of incarceration; or

(ii) regardless of the sentence that may be imposed, a crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent;

(d) has been convicted under 45-8-327 or 45-8-328 , unless the applicant has been pardoned or 5 years have elapsed since the date of the conviction;

(e) has a warrant of any state or the federal government out for the applicant's arrest;

(f) has been adjudicated in a criminal or civil proceeding in any state or federal court to be an unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration, probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release or is otherwise under state supervision;

(g) has been adjudicated in a criminal or civil proceeding in any state or federal court to be mentally ill, mentally disordered, or mentally disabled and is still subject to a disposition order of that court; or

(h) was dishonorably discharged from the United States armed forces.

(2) The sheriff may deny an applicant a permit to carry a concealed weapon if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon. At the time an application is denied, the sheriff shall, unless the applicant is the subject of an active criminal investigation, give the applicant a written statement of the reasonable cause upon which the denial is based.

(3) An applicant for a permit under this section must, as a condition to issuance of the permit, be required by the sheriff to demonstrate familiarity with a firearm by:

(a) completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;

(b) completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;

(c) completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;

(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or

(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.

(4) A photocopy of a certificate of completion of a course described in subsection (3), an affidavit from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any other document that attests to completion of the course and can be verified through contact with the entity or instructor that conducted the course creates a presumption that the applicant has completed a course described in subsection (3).

(5) If the sheriff and applicant agree, the requirement in subsection (3) of demonstrating familiarity with a firearm may be satisfied by the applicant's passing, to the satisfaction of the sheriff or of any person or entity to which the sheriff delegates authority to give the test, a physical test in which the applicant demonstrates the applicant's familiarity with a firearm.

(6) A person, except a person referred to in subsection (1)(c)(ii), who has been convicted of a felony and whose rights have been restored pursuant to Article II, section 28, of the Montana constitution is entitled to issuance of a concealed weapons permit if otherwise eligible.
Mont. Code Ann. § 45-5-202 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-202
45-5-202 Aggravated assault
Status: in_force

45-5-202 . Aggravated assault. (1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.

(2) A person convicted of aggravated assault shall be imprisoned in the state prison for a term not to exceed 20 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222 .
Mont. Code Ann. § 45-8-227 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-227
45-8-227 Harassment or harm of service animal
Status: in_force

45-8-227 . Harassment or harm of service animal. (1) A person commits the offense of harassment or harm of a service animal if the person:

(a) continues behavior that interferes with the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or the service animal's handler after the person has received notice on the behavior;

(b) negligently causes the harm, disability, or death of a service animal; or

(c) is the owner of a dog or other animal and negligently allows the dog or other animal to interfere with the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of or causing harm to a service animal or the service animal's handler.

(2) A person convicted of the offense of harassment or harm of a service animal is guilty of a misdemeanor and shall be fined no more than $1,000.
Mont. Code Ann. § 45-7-501 — MT Code / Title 45 / Chapter 7 / Part 5 / Section 45-7-501
45-7-501 Employer misconduct
Status: in_force

45-7-501 . Employer misconduct. (1) A person who is an employer, as defined in 39-71-117 , commits the offense of employer misconduct if the person knowingly or purposely:

(a) avoids the person's responsibility to provide coverage for the person's employees as required by 39-71-401 ;

(b) misrepresents or falsifies employment records or information, including but not limited to understating the amount of payroll or the number of the person's employees; or

(c) refuses to pay premiums that the person is obligated to pay under compensation plan No. 2, as provided in Title 39, chapter 71, part 22, or compensation plan No. 3, as provided in Title 39, chapter 71, part 23.

(2) A person convicted of the offense of employer misconduct shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.
Mont. Code Ann. § 45-5-633 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-633
45-5-633 Defenses to interference with parent-child contact and aggravated interference with parent-child contact
Status: in_force

45-5-633 . Defenses to interference with parent-child contact and aggravated interference with parent-child contact. (1) A person does not commit the offense of interference with parent-child contact or aggravated interference with parent-child contact if the person acts:

(a) with the consent of the person entitled to parent-child contact;

(b) under an existing court order; or

(c) with reasonable cause.

(2) Return of the child before arrest is a defense only with respect to the first commission of interference with parent-child contact or aggravated interference with parent-child contact.
Mont. Code Ann. § 45-1-206 — MT Code / Title 45 / Chapter 1 / Part 2 / Section 45-1-206
45-1-206 Periods excluded from limitation
Status: in_force

45-1-206 . Periods excluded from limitation. The period of limitation does not run during:

(1) any period in which the offender is not usually and publicly resident within this state or is beyond the jurisdiction of this state;

(2) any period in which the offender is a public officer and the offense charged is theft of public funds while in public office; or

(3) a prosecution pending against the offender for the same conduct, even if the indictment, complaint, or information which commences the prosecution is dismissed.
Mont. Code Ann. § 45-3-106 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-106
45-3-106 Use of force to prevent escape
Status: in_force

45-3-106 . Use of force to prevent escape. (1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.

(2) A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.
Mont. Code Ann. § 45-8-221 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-221
45-8-221 Predatory loitering by sexual offender
Status: in_force

45-8-221 . Predatory loitering by sexual offender. (1) A person commits the offense of predatory loitering if the person:

(a) was previously convicted of a predatory sexual offense or sexual abuse of children;

(b) purposely or knowingly loiters:

(i) in the vicinity of a residence, school, church, or place of work of the person's previous victim; or

(ii) in the vicinity of any school, park, playground, church, bicycle or multiuse path, or other place frequented by minors of an age similar to the age of the victim of the previous sexual offense if the sexual offense concerned a minor; and

(c) has previously been requested by a person in authority to:

(i) leave the area in which the person loiters; or

(ii) leave any area in which the person has loitered.

(2) Proof of the offense of predatory loitering must also include proof that the person in authority has made a report of the request to the law enforcement agency with jurisdiction over the area, and the agency has documented the report.

(3) A person convicted of the offense of predatory loitering may be fined not more than $500 or be imprisoned for not more than 6 months, or both. A person convicted of a second or subsequent offense of predatory loitering may be fined not more than $1,000 or be imprisoned for not more than 1 year, or both.

(4) As used in this section, the following definitions apply:

(a) "Person in authority" includes a peace officer or:

(i) for the purposes of a school or playground, a principal, teacher, school staff member, parent or other adult relative of a child attending the school or playground, or other supervisor of minors;

(ii) for the purposes of a church, a minister, priest, rabbi, deacon, or other ecclesiastical official, a church staff member, or a parent or other adult relative of a child attending the church;

(iii) for the purposes of a park, playground, or bicycle or multiuse path, a person specified in subsection (3)(a)(i) or a park warden, guard, or host; or

(iv) for purposes of a place of work, a person employed at the place of work.

(b) "Predatory sexual offense" has the meaning provided in 46-23-502 .

(c) "Sexual abuse of children" means commission of the offense provided in 45-5-625 .
Mont. Code Ann. § 45-5-104 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-104
45-5-104 Negligent homicide
Status: in_force

45-5-104 . Negligent homicide. (1) A person commits the offense of negligent homicide if the person negligently causes the death of another human being.

(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102 (1)(b).

(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-6-210 — MT Code / Title 45 / Chapter 6 / Part 2 / Section 45-6-210
45-6-210 Criminal trespass by unmanned aerial vehicle -- exceptions
Status: in_force

45-6-210 . Criminal trespass by unmanned aerial vehicle -- exceptions. (1) Except as provided in subsection (3), a person commits the offense of criminal trespass by unmanned aerial vehicle if the person knowingly causes an unmanned aerial vehicle to fly 200 feet or lower over the property or residence of another person without the authorization of the property owner or resident.

(2) A person convicted of the offense of criminal trespass by unmanned aerial vehicle shall be fined $500.

(3) Subsection (1) does not apply to the operation of an unmanned aerial vehicle system:

(a) conducted by a unit or agency of the federal government, the state, or a tribal or local government, including any individual conducting an operation pursuant to contract or other agreement entered into with the unit or agency, for the purpose of protecting the public safety, environment, and welfare, including firefighting, law enforcement, and emergency response;

(b) by a peace officer acting in accordance with 46-5-109 ;

(c) within the boundaries of an easement with the permission of the owner of the dominant tenement;

(d) being used by an employee or contractor of a utility as defined in 69-5-102 or a provider of broadband service as defined in 90-1-602 to help assess property damage or catastrophe damage or to inspect property and equipment, including cell towers and wireless telecommunications infrastructure and including the deployment of drones; or

(e) by an owner or operator of the system who has an active license issued by the federal aviation administration and is operating the system for legitimate business purposes in a manner consistent with applicable federal aviation administration rules, licenses, and exemptions.

(4) As used in this section, "unmanned aerial vehicle" has the same meaning as provided in 76-13-102 .
Mont. Code Ann. § 45-2-202 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-202
45-2-202 Voluntary act
Status: in_force

45-2-202 . Voluntary act. A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102 (1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.
Mont. Code Ann. § 45-5-611 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-611
45-5-611 Bigamy
Status: in_force

45-5-611 . Bigamy. (1) A person commits the offense of bigamy if, while married, the person knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:

(a) the offender believes on reasonable grounds that the prior spouse is dead;

(b) the offender and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the offender to be alive;

(c) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage and the offender does not know that judgment to be invalid; or

(d) the offender reasonably believes that the offender is legally eligible to remarry.

(2) A person convicted of bigamy shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
Mont. Code Ann. § 45-8-401 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-401
45-8-401 Short title
Status: in_force

45-8-401 . Short title. This part may be cited as the "Montana Street Terrorism Enforcement and Prevention Act".
Mont. Code Ann. § 45-5-711 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-711
45-5-711 Child sex trafficking
Status: in_force

45-5-711 . Child sex trafficking. (1) A person commits the offense of child sex trafficking by purposely or knowingly:

(a) committing the offense of sex trafficking with a child; or

(b) recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, enticing, or using a child, or in the case of recruiting or enticing, a person, including a law enforcement officer using an undercover or fictitious identity, whom the offender believes to be a child, for the purposes of commercial sexual activity.

(2) (a) A person convicted of the offense of child sex trafficking shall be imprisoned in the state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (2)(a) except as provided in 46-18-222 (1) through (4). During the first 25 years of imprisonment, the offender is not eligible for parole. The exceptions provided in 46-18-222 (5) and (6) do not apply.

(b) In addition to the sentence of imprisonment imposed under subsection (2)(a), the offender:

(i) must be fined in the amount of $400,000; and

(ii) if released after the mandatory minimum period of imprisonment, is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010 .

(3) It is not a defense in a prosecution under this section:

(a) that a child consented to engage in commercial sexual activity; or

(b) that the defendant believed the child was an adult. Absolute liability, as provided in 45-2-104 , is imposed.
Mont. Code Ann. § 45-4-102 — MT Code / Title 45 / Chapter 4 / Part 1 / Section 45-4-102
45-4-102 Conspiracy
Status: in_force

45-4-102 . Conspiracy. (1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator.

(2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired:

(a) has not been prosecuted or convicted;

(b) has been convicted of a different offense;

(c) is not amenable to justice;

(d) has been acquitted; or

(e) lacked the capacity to commit the offense.

(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.
Mont. Code Ann. § 45-9-131 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-131
45-9-131 Definitions
Status: in_force

45-9-131 . Definitions. As used in 45-9-132 and this section, the following definitions apply:

(1) "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. "Booby trap" includes:

(a) guns, ammunition, or explosive devices that are attached to trip wires or other triggering mechanisms;

(b) sharpened stakes, nails, spikes, electrical devices, lines, or wires with hooks attached; and

(c) devices for the production of toxic fumes or gases.

(2) "Equipment" or "laboratory equipment" means all products, components, or materials of any kind when used, intended for use, or designed for use in the manufacture, preparation, production, compounding, conversion, or processing of a dangerous drug as defined in 50-32-101 . Equipment or laboratory equipment includes but is not limited to:

(a) a reaction vessel;

(b) a separatory funnel or its equivalent;

(c) a glass condenser;

(d) an analytical balance or scale; or

(e) a heating mantle or other heat source.

(3) "Precursor to dangerous drugs" means, except as exempted by 45-9-108 , any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107 (1)(a) or anhydrous ammonia knowingly possessed for the purpose of manufacturing dangerous drugs.
Mont. Code Ann. § 45-9-113 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-113
45-9-113 Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty
Status: in_force

45-9-113 . Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty. (1) A person commits the offense of criminal possession of an imitation dangerous drug with the purpose to distribute if the person possesses with the purpose to distribute any imitation dangerous drug.

(2) A person convicted of criminal possession of an imitation dangerous drug with the purpose to distribute shall be imprisoned in the state prison for a term of not more than 5 years and may be fined not more than $50,000.

(3) A person under 18 years of age convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence.
Mont. Code Ann. § 45-8-108 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-108
45-8-108 Definitions
Status: in_force

45-8-108 . Definitions. As used in 45-8-107 through 45-8-109 , unless the context requires otherwise, the following definitions apply:

(1) "Civil disorder" means a public disturbance involving unlawful acts of violence by a group of two or more persons that causes an immediate danger of or results in injury to the property or person of any other individual.

(2) "Governmental military force" means:

(a) the national guard as defined in 10 U.S.C. 101;

(b) the organized militia of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included in the definition of the national guard; and

(c) the armed forces of the United States.

(3) "Law enforcement agency" means a department of public safety, a police department, a sheriff's office, the highway patrol, or a governmental unit of one or more persons employed by the state or federal government or a political subdivision of the state or federal government, for the purpose of detecting and preventing crime and enforcing laws or ordinances, whose employees are authorized to make arrests for crimes while acting in the scope of their authority.

(4) "Peace officer" has the meaning given in 45-2-101 .
Mont. Code Ann. § 45-8-315 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-315
45-8-315 Definition
Status: in_force

45-8-315 . Definition. "Concealed weapon" means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.
Mont. Code Ann. § 45-8-333 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-333
45-8-333 Reckless or malicious use of explosives
Status: in_force

45-8-333 . Reckless or malicious use of explosives. A person who recklessly or maliciously uses, handles, or has in the person's possession any blasting powder, giant or Hercules powder, giant caps, or other highly explosive substance through which any human being is intimidated, terrified, or endangered is guilty of a misdemeanor.
Mont. Code Ann. § 45-8-338 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-338
45-8-338 Firearms certificates for qualified retired law enforcement officers
Status: in_force

45-8-338 . Firearms certificates for qualified retired law enforcement officers. (1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201 , or a peace officer as defined in 46-1-202 , under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C, for the purpose of satisfying the qualification requirements contained in that act.

(2) A retired law enforcement officer or peace officer satisfies the federal certification requirements if the officer possesses a valid firearms qualification certificate that:

(a) uses a current target from any law enforcement agency in the state that may be used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active-duty officers within the state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within the state to have met the requirements under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C;

(b) provides that either a law enforcement agency as defined in 7-32-201 or an individual or entity licensed to provide firearms training as provided in 37-60-101 acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the firearms qualification for the peace officer basic course at the Montana law enforcement academy; and

(c) complies with the time restrictions provided under subsection (3).

(3) The firearms certification is valid for a period of 1 year from the date that the law enforcement agency or individual or entity verified that the firearms qualification standards were met by the bearer on an equivalency course of fire established by any law enforcement agency in the state as an appropriate standard duty qualification course as it would relate to qualified retired officers. The date of the successful qualification must be on the certification card.

(4) The retired law enforcement officer or peace officer is responsible for paying the costs of the firearms qualification required under subsection (2).
Mont. Code Ann. § 45-8-345 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-345
45-8-345 Criminal liability of parent or guardian -- prosecution
Status: in_force

45-8-345 . Criminal liability of parent or guardian -- prosecution. (1) Any parent, guardian, or other person violating the provisions of 45-8-344 shall be guilty of a misdemeanor.

(2) The county attorney, on complaint of any person, must prosecute violations of 45-8-344 .
Mont. Code Ann. § 45-2-213 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-213
45-2-213 Entrapment
Status: in_force

45-2-213 . Entrapment. A person is not guilty of an offense if the person's conduct is incited or induced by a public servant or a public servant's agent for the purpose of obtaining evidence for the prosecution of the person. However, this section is inapplicable if a public servant or a public servant's agent merely affords to the person the opportunity or facility for committing an offense in furtherance of criminal purpose that the person has originated.
Mont. Code Ann. § 45-8-115 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-115
45-8-115 Illegal posting of state and federal land
Status: in_force

45-8-115 . Illegal posting of state and federal land. (1) A person commits the offense of illegal posting of state or federal land if, without authorization, the person knowingly posts land that is under the ownership or control of the state or federal government to restrict access or use of state or federal land.

(2) A person convicted of illegal posting of state or federal land shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 45-5-205 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-205
45-5-205 Negligent vehicular assault -- penalty
Status: in_force

45-5-205 . Negligent vehicular assault -- penalty. (1) A person who negligently operates a vehicle, other than a bicycle as defined in 61-8-102 , while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-1002 , and who causes bodily injury to another commits the offense of negligent vehicular assault.

(2) Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or incarcerated in a county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241 .

(3) A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or incarcerated for a term not to exceed 10 years, or both, and shall be ordered to pay restitution as provided in 46-18-241 .

(4) If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
Mont. Code Ann. § 45-7-103 — MT Code / Title 45 / Chapter 7 / Part 1 / Section 45-7-103
45-7-103 Criminal use of office or position
Status: in_force

45-7-103 . Criminal use of office or position. (1) An elected official or other public servant commits the offense of criminal use of office or position if the person knowingly solicits, accepts, or agrees to accept any pecuniary benefit accruing to the person, the person's political campaign, or the person's political party for giving or offering to give a decision, opinion, recommendation, or vote favorable to another, for exercising or offering to exercise a discretion in another's favor, or for violating or offering to violate the person's duty. A person commits an offense under this section if the person knowingly offers, confers, or agrees to confer compensation that is prohibited by this section.

(2) A person convicted under this section shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 45-5-709 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-709
45-5-709 Immunity of child -- sex therapy participants
Status: in_force

45-5-709 . Immunity of child -- sex therapy participants. (1) A person is not criminally liable or subject to proceedings under Title 41, chapter 5, for prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or other nonviolent offenses if the person was a child at the time of the offense and committed the offense as a direct result of being a victim of human trafficking.

(2) A person who has engaged in commercial sexual activity is not criminally liable or subject to proceedings under Title 41, chapter 5, for prostitution if the person was a child at the time of the offense.

(3) A child who under subsection (1) or (2) is not subject to criminal liability or proceedings under Title 41, chapter 5, is presumed to be a youth in need of care under Title 41, chapter 3, and is entitled to specialized services and care, which may include access to protective shelter, food, clothing, medical care, counseling, and crisis intervention services, if appropriate.

(4) Subsections (1) through (3) do not apply in a prosecution under 45-5-601 or a proceeding under Title 41, chapter 5, for patronizing a prostitute.

(5) It is not a violation of this part for a person with an impaired physical ability, physical dysfunction, recent injury, or other disability to engage in sex therapy with a partner surrogate who is working under the supervision of a clinical social worker, marriage and family therapist, or clinical professional counselor licensed under Title 37, chapter 39.
Mont. Code Ann. § 45-2-311 — MT Code / Title 45 / Chapter 2 / Part 3 / Section 45-2-311
45-2-311 Criminal responsibility of corporations
Status: in_force

45-2-311 . Criminal responsibility of corporations. (1) A corporation may be prosecuted for the commission of an offense only if:

(a) the offense is a misdemeanor, is defined by 45-5-204 , 45-6-315 , 45-6-317 , 45-6-318 , 45-6-326 , 45-8-113 , 45-8-114 , 45-8-212 , 45-8-214 , 82-1-201 , or 82-10-104 , or is defined by another statute that clearly indicates a legislative purpose to impose liability on a corporation and an agent of the corporation performs the conduct that is an element of the offense while acting within the scope of the agent's office or employment and in behalf of the corporation, except that any limitation in the defining statute concerning the corporation's accountability for certain agents or under certain circumstances is applicable; or

(b) the commission of the offense is authorized, requested, commanded, or performed by the board of directors or by a high managerial agent who is acting within the scope of that agent's employment in behalf of the corporation.

(2) A corporation's proof that the high managerial agent having supervisory responsibility over the conduct that is the subject matter of the offense exercised due diligence to prevent the commission of the offense is a defense to a prosecution for any offense to which subsection (1)(a) refers, other than an offense for which absolute liability is imposed. This subsection is inapplicable if the legislative purpose of the statute defining the offense is inconsistent with the provisions of this subsection.

(3) For the purposes of this section:

(a) "agent" means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation;

(b) "high managerial agent" means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees in a managerial capacity.
Mont. Code Ann. § 45-8-326 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-326
45-8-326 Immunity from liability
Status: in_force

45-8-326 . Immunity from liability. A sheriff, employee of a sheriff's office, or county is not liable for damages in a civil action by a person or entity claiming death, personal injury, or property damage arising from alleged wrongful or improper grant of, renewal of, or failure to revoke a permit to carry a concealed weapon, except for actions that constitute willful misconduct or gross negligence.
Mont. Code Ann. § 45-10-104 — MT Code / Title 45 / Chapter 10 / Part 1 / Section 45-10-104
45-10-104 Manufacture or delivery of drug paraphernalia
Status: in_force

45-10-104 . Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.
Mont. Code Ann. § 45-8-307 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-307
45-8-307 Exceptions
Status: in_force

45-8-307 . Exceptions. Sections 45-8-301 through 45-8-305 and this section do not prohibit or interfere with:

(1) the manufacture of machine guns for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States or transportation required for that purpose;

(2) the possession of a machine gun for a scientific purpose or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake;

(3) the possession of a machine gun for a purpose manifestly not aggressive or offensive.
Mont. Code Ann. § 45-1-201 — MT Code / Title 45 / Chapter 1 / Part 2 / Section 45-1-201
45-1-201 Classification of offenses
Status: in_force

45-1-201 . Classification of offenses. (1) For the determination of the court's jurisdiction at the commencement of the action and for the determination of the commencement of the period of limitations, the offense shall be designated a felony or misdemeanor based upon the maximum potential sentence which could be imposed by statute.

(2) An offense defined by any statute of this state other than this code shall be classified as provided in this section, and the sentence that may be imposed upon conviction thereof shall be governed by this title and Title 46.
Mont. Code Ann. § 45-9-205 — MT Code / Title 45 / Chapter 9 / Part 2 / Section 45-9-205
45-9-205 Exemption from mandatory minimum sentences
Status: in_force

45-9-205 . Exemption from mandatory minimum sentences. If a sentencing judge imposes any of the sentencing alternatives specified in 45-9-202 , the mandatory minimum sentences provided in 46-18-205 (2) do not apply.
Mont. Code Ann. § 45-2-212 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-212
45-2-212 Compulsion
Status: in_force

45-2-212 . Compulsion. A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that the person performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if the person reasonably believes that death or serious bodily harm will be inflicted upon the person if the person does not perform the conduct.
Mont. Code Ann. § 45-5-634 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-634
45-5-634 Parenting interference
Status: in_force

45-5-634 . Parenting interference. (1) A person commits the offense of parenting interference if, knowing that the person has no legal right to do so, the person:

(a) before the entry of a court order determining parenting rights, takes, entices, or withholds a child from the other parent when the action manifests a purpose to substantially deprive that parent of parenting rights; or

(b) is one of two persons who has parenting authority of a child under a court order and takes, entices, or withholds the child from the other when the action manifests a purpose to substantially deprive the other parent of parenting rights.

(2) A person convicted of the offense of parenting interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

(3) With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child before arraignment. With respect to the first alleged commission of the offense only, a person who has left the state does not commit an offense under this section if the person voluntarily returns the child before arrest.
Mont. Code Ann. § 45-3-107 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-107
45-3-107 Use of force by parent, guardian, or teacher
Status: in_force

45-3-107 . Use of force by parent, guardian, or teacher. A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil.
Mont. Code Ann. § 45-8-216 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-216
45-8-216 Unlawful automated telephone solicitation -- exceptions -- penalties
Status: in_force

45-8-216 . Unlawful automated telephone solicitation -- exceptions -- penalties. (1) A person may not use an automated telephone system, device, or facsimile machine for the selection and dialing of telephone numbers and playing of recorded messages if a message is completed to the dialed number for the purpose of:

(a) offering goods or services for sale;

(b) conveying information on goods or services in soliciting sales or purchases;

(c) soliciting information;

(d) gathering data or statistics; or

(e) promoting a political campaign or any use related to a political campaign.

(2) This section does not prohibit the use of an automated telephone system, device, or facsimile machine described under subsection (1) for purposes of informing purchasers of the receipt, availability for delivery, delay in delivery, or other pertinent information on the status of any purchased goods or services, of responding to an inquiry initiated by any person, or of providing any other pertinent information when there is a preexisting business relationship. This section does not prohibit the use of an automated telephone system or device if the permission of the called party is obtained by a live operator before the recorded message is delivered.

(3) A person violating subsection (1) is subject to a fine of not more than $2,500.
Mont. Code Ann. § 45-8-366 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-366
45-8-366 Declaration of authority
Status: in_force

45-8-366 . Declaration of authority. Sections 45-8-365 through 45-8-368 are done under the authority of the 2nd and 10th amendments to the United States constitution, Article II, section 12, of the Montana constitution, Montana's compact with the United States, and Printz v. U.S., 521 U.S. 898 (1997).
Mont. Code Ann. § 45-5-111 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-111
45-5-111 Extrajudicial confession -- evidence of death
Status: in_force

45-5-111 . Extrajudicial confession -- evidence of death. In a homicide trial, before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was caused by a criminal agency.
Mont. Code Ann. § 45-5-210 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-210
45-5-210 Assault on peace officer or judicial officer
Status: in_force

45-5-210 . Assault on peace officer or judicial officer. (1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:

(a) bodily injury to a peace officer or judicial officer;

(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of:

(i) a weapon; or

(ii) what reasonably appears to be a weapon;

(c) bodily injury to a peace officer or judicial officer with a weapon; or

(d) serious bodily injury to a peace officer or judicial officer.

(2) (a) A person convicted of assault on a peace officer or judicial officer:

(i) under subsection (1)(a), (1)(b)(i), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amount not to exceed $50,000; or

(ii) under subsection (1)(b)(ii) shall be imprisoned in the state prison for a term not to exceed 10 years and may be fined an amount not to exceed $50,000.

(b) Except as provided in 46-18-222 , a person convicted of assault on a peace officer or judicial officer under subsection (1)(d) shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 5 years or more than 20 years, or both.

(3) As used in this section, the following definitions apply:

(a) "Judicial officer" has the meaning provided in 1-1-202 and includes the workers' compensation judge, water court judges, and judges pro tempore.

(b) "Peace officer" has the meaning provided in 45-2-101 and includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.

(4) Criminal endangerment, negligent endangerment, and assault, as defined in 45-5-201 , are not included as offenses of assault on a peace officer or judicial officer.
Mont. Code Ann. § 45-9-105 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-105
45-9-105 Altering labels on dangerous drugs
Status: in_force

45-9-105 . Altering labels on dangerous drugs. (1) A person commits the offense of altering labels on dangerous drugs if the person affixes a false, forged, or altered label to or otherwise misrepresents a package or receptacle containing a dangerous drug, as defined in 50-32-101 .

(2) The offense of altering labels on dangerous drugs includes falsely labeling or otherwise misrepresenting marijuana or a marijuana product, as those terms are defined in 16-12-102 , as hemp, as defined in 80-18-101 .
Mont. Code Ann. § 45-8-327 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-327
45-8-327 Carrying concealed weapon while under influence
Status: in_force

45-8-327 . Carrying concealed weapon while under influence. A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.