Mont. Code Ann. § 45-7-301 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-301
45-7-301 Resisting arrest
Status: in_force

45-7-301 . Resisting arrest. (1) A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:

(a) using or threatening to use physical force or violence against the peace officer or another; or

(b) using any other means that creates a risk of causing physical injury to the peace officer or another.

(2) It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer's official authority.

(3) A person convicted of the offense of resisting arrest 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. § 45-8-346 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-346
45-8-346 Possession of stolen firearm -- penalty
Status: in_force

45-8-346 . Possession of stolen firearm -- penalty. (1) A person commits the offense of possession of a stolen firearm if the person purposely and knowingly receives, possesses, conceals, stores, barters, sells, or disposes of a stolen firearm.

(2) A person convicted of the offense of possession of a stolen firearm shall be imprisoned in the state prison for a term not to exceed 10 years.
Mont. Code Ann. § 45-5-623 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-623
45-5-623 Unlawful transactions with children
Status: in_force

45-5-623 . Unlawful transactions with children. (1) Except as provided for in 16-6-305 , a person commits the offense of unlawful transactions with children if the person knowingly:

(a) sells or gives explosives to a child except as authorized under appropriate city ordinances;

(b) sells or gives intoxicating substances other than alcoholic beverages to a child;

(c) sells or gives an alcoholic beverage to a person under 21 years of age;

(d) sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302 ;

(e) sells or gives to a child a synthetic cannabinoid product, as defined in 16-12-102 ;

(f) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child without authorization of the parent or guardian; or

(g) tattoos or provides a body piercing on a child without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection (1)(g), "tattoo" and "body piercing" have the meaning provided in 50-48-102 . Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection (1)(g).

(2) A person convicted of the offense of unlawful transactions with 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 unlawful transactions with 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. (See compiler's comments for contingent termination of certain text.)
Mont. Code Ann. § 45-8-218 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-218
45-8-218 Deviate sexual conduct
Status: in_force

45-8-218 . Deviate sexual conduct. (1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.

(2) A person convicted of the offense of deviate sexual conduct 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. § 45-5-628 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-628
45-5-628 Criminal child endangerment
Status: in_force

45-5-628 . Criminal child endangerment. (1) A person commits the offense of criminal child endangerment if the person purposely, knowingly, or negligently causes substantial risk of death or serious bodily injury to a child under 14 years of age by:

(a) failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition;

(b) placing a child in the physical custody of another who the person knows has previously purposely or knowingly caused bodily injury to a child;

(c) placing a child in the physical custody of another who the person knows has previously committed an offense against the child under 45-5-502 or 45-5-503 ;

(d) manufacturing or distributing dangerous drugs in a place where a child is present;

(e) operating a motor vehicle under the influence of alcohol or dangerous drugs in violation of 61-8-1002 or committing aggravated driving under the influence as defined in 61-8-1001 with a child in the vehicle; or

(f) failing to attempt to provide proper nutrition for a child, resulting in a medical diagnosis of nonorganic failure to thrive.

(2) A person may not be charged under subsection (1)(b) or (1)(c) if the person placed the child in the other person's custody pursuant to a court order.

(3) A person convicted of the offense of criminal child endangerment 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.

(4) For purposes of this section, "nonorganic failure to thrive" means inadequate physical growth that is a result of insufficient nutrition and is not secondary to a diagnosed medical condition.
Mont. Code Ann. § 45-8-357 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-357
45-8-357 Prohibition on infringement of constitutional rights
Status: reserved

45-8-357 . Prohibition on infringement of constitutional rights. The board of regents and all university system employees subject to the authority of the board of regents are prohibited from enforcing or coercing compliance with any rule or regulation that diminishes or restricts the rights of the people to keep or bear arms as reserved to them in Article II of the Montana constitution, especially those rights reserved in Article II, sections 4 through 12, notwithstanding any authority of the board of regents under Article X, section 9(2)(a), of the Montana constitution.
Mont. Code Ann. § 45-5-612 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-612
45-5-612 Marrying a bigamist
Status: in_force

45-5-612 . Marrying a bigamist. (1) A person commits the offense of marrying a bigamist if the person contracts or purports to contract a marriage with another knowing that the other is committing bigamy.

(2) A person convicted of the offense of marrying a bigamist shall be fined not to exceed $500 or be imprisoned in the county jail for any period not to exceed 6 months, or both.
Mont. Code Ann. § 45-10-101 — MT Code / Title 45 / Chapter 10 / Part 1 / Section 45-10-101
45-10-101 Definitions
Status: in_force

45-10-101 . Definitions. (1) As used in this part, the term "drug paraphernalia" means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a dangerous drug. It includes but is not limited to:

(a) kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a dangerous drug or from which a dangerous drug can be derived;

(b) kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing dangerous drugs;

(c) isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a dangerous drug;

(d) testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of dangerous drugs;

(e) scales and balances used, intended for use, or designed for use in weighing or measuring dangerous drugs;

(f) dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting dangerous drugs;

(g) separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;

(h) blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding dangerous drugs;

(i) capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of dangerous drugs;

(j) containers and other objects used, intended for use, or designed for use in storing or concealing dangerous drugs;

(k) objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, or other dangerous drug as defined by 50-32-101 into the human body, such as:

(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii) water pipes;

(iii) carburetion tubes and devices;

(iv) smoking and carburetion masks;

(v) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(vi) miniature cocaine spoons and cocaine vials;

(vii) chamber pipes;

(viii) carburetor pipes;

(ix) electric pipes;

(x) air-driven pipes;

(xi) chillums;

(xii) bongs;

(xiii) ice pipes or chillers.

(2) Words or phrases used in this part that are not defined by this section have the meaning given to them by the definitions contained in 50-32-101 unless the usage clearly indicates a different intent.
Mont. Code Ann. § 45-8-376 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-376
45-8-376 Enforcement and penalties
Status: in_force

45-8-376 . Enforcement and penalties. (1) The attorney general is authorized to enforce the provisions of 45-8-371 and 45-8-377 .

(2) A person who brings a negligent marketing claim in violation of 45-8-374 is subject to:

(a) dismissal of the claim; and

(b) payment of reasonable attorney fees and costs incurred by a party defending the claim.
Mont. Code Ann. § 45-6-306 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-306
45-6-306 Obtaining communication services with intent to defraud
Status: in_force

45-6-306 . Obtaining communication services with intent to defraud. In a prosecution under 45-6-305 for theft of telephone, telegraph, or cable television services, the element of deception is established by proof that the defendant obtained such services by any of the following means:

(1) by use of a code, prearranged scheme, or other similar stratagem or device whereby said person, in effect, sends or receives information;

(2) by installing, rearranging, or tampering with any facilities or equipment, whether physically, inductively, acoustically, or electronically;

(3) by any other trick, stratagem, impersonation, false pretense, false representation, false statement, contrivance, device, or means; or

(4) by making, assembling, or possessing any instrument, apparatus, equipment, or device or the plans or instructions for the making or assembling of any instrument, apparatus, equipment, or device which is designed, adapted, or otherwise intended to be used to avoid the lawful charge, in whole or in part, for any telecommunications service by concealing the existence, place of origin, or destination of any telecommunications.
Mont. Code Ann. § 45-5-112 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-112
45-5-112 Inference of mental state
Status: in_force

45-5-112 . Inference of mental state. In a deliberate homicide, knowledge or purpose may be inferred from the fact that the accused committed a homicide and no circumstances of mitigation, excuse, or justification appear.
Mont. Code Ann. § 45-8-206 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-206
45-8-206 Public display or dissemination of obscene material to minors
Status: in_force

45-8-206 . Public display or dissemination of obscene material to minors. (1) A person having custody, control, or supervision of a commercial establishment or newsstand may not knowingly or purposely:

(a) display obscene material to minors in such a way that minors, as a part of the invited public, will be able to view the material. However, a person is considered not to have displayed obscene material to minors if the material is kept behind devices commonly known as blinder racks so that the lower two-thirds of the material is not exposed to view or other reasonable efforts were made to prevent view of the material by a minor.

(b) sell, furnish, present, distribute, or otherwise disseminate to a minor or allow a minor to view, with or without consideration, any obscene material; or

(c) present to a minor or participate in presenting to a minor, with or without consideration, any performance that is obscene to minors.

(2) A person does not violate this section if:

(a) the person had reasonable cause to believe the minor was 18 years of age. "Reasonable cause" includes but is not limited to being shown a draft card, driver's license, marriage license, birth certificate, educational identification card, governmental identification card, tribal identification card, or other official or apparently official card or document purporting to establish that the person is 18 years of age; or

(b) the person is a retail sales clerk with no financial interest in the material or performance or in the establishment displaying or selling the material or performance.

(3) The offense of public display or dissemination of obscene material to minors under this section is separate from and may not be construed to negate or limit the provisions of 45-8-201 regarding the offense of obscenity.

(4) Cities, towns, counties, or school districts may adopt ordinances, resolutions, or policies that are more restrictive as to the display or dissemination of obscene material to minors than the provisions of this section.
Mont. Code Ann. § 45-8-102 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-102
45-8-102 Failure of disorderly persons to disperse
Status: in_force

45-8-102 . Failure of disorderly persons to disperse. (1) Where one or more persons are engaged in disorderly conduct, a peace officer, judge, or mayor may order the participants to disperse. A person who purposely refuses or knowingly fails to obey such an order commits the offense of failure to disperse.

(2) A person convicted of the offense of failure to disperse shall be fined an amount not to exceed $100 or be imprisoned in the county jail for a term not to exceed 1 day, or both.
Mont. Code Ann. § 45-3-103 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-103
45-3-103 Use of force in defense of occupied structure
Status: in_force

45-3-103 . Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.

(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:

(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or

(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.
Mont. Code Ann. § 45-5-234 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-234
45-5-234 Offender intervention counseling confidentiality
Status: in_force

45-5-234 . Offender intervention counseling confidentiality. (1) Offender intervention programs must have policies and procedures to protect the confidentiality of the offender and the victim. The investigative criminal justice report may be used within the offender intervention counseling sessions and psychoeducational groups after precautions are taken to protect confidentiality.

(2) The counselor may contact the victim of the assault. The counselor may notify the victim that the offender intervention program is not a guarantee that the offender will not be violent. The victim may be asked to provide information about the most recent offense, the offender's history of violence, the offender's use of recreational intoxicants, the offender's use of power and control over the victim, and whether the offender has committed another offense. All precautions must be taken to prevent this contact from increasing the victim's danger.

(3) The counselor shall, when possible, warn the victim if the offender exhibits behavior or makes statements in a group meeting that indicate imminent danger to the victim. If the counselor is unable to tell the victim this information, information about these high-risk behaviors must be given to the local victim advocacy agency. This contact does not violate the offender's right to confidentiality.
Mont. Code Ann. § 45-8-205 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-205
45-8-205 Definitions
Status: in_force

45-8-205 . Definitions. As used in 45-8-205 through 45-8-208 , the following definitions apply:

(1) "Commercial establishment" means a place of business that invites the general public for the primary purpose of selling goods or offering entertainment. The term does not include a school, library, or museum.

(2) "Display or dissemination of obscene material to minors" means that quality of a description, exhibition, presentation, or representation, in whatever form, of sexual conduct or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:

(a) its dominant theme appeals to a minor's prurient interest in sex;

(b) it depicts or describes sexual conduct or sadomasochistic abuse in a manner that is patently offensive to contemporary standards in the adult community with respect to what is suitable for minors; and

(c) it lacks serious literary, scientific, artistic, or political value for minors. If the court finds that the material or performance has serious literary, scientific, artistic, or political value for a significant percentage of normal older minors, the material or performance may not be found to lack such value for the entire class of minors.

(3) "Material" means a book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, or videotape (except a motion picture or videotape rated G, PG, PG-13, or R by the motion picture association of America).

(4) "Minor" means a person under 18 years of age.

(5) "Newsstand" means a stand that distributes or sells newspapers or magazines. The term does not include a school, library, or museum.

(6) "Performance" means any motion picture, film, or videotape (except a motion picture or videotape rated G, PG, PG-13, or R by the motion picture association of America); phonograph record; compact disk; tape recording; preview; trailer; play; show; skit; dance; or other exhibition played or performed before an audience of one or more, with or without consideration.

(7) "Person" means any individual, partnership, association, corporation, or other legal entity of any kind.

(8) "Prurient interest in sex" means a shameful or morbid interest in sex or excretion.

(9) "Sexual conduct" includes:

(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted. A sexual act is simulated when it gives the appearance of depicting actual sexual activity or the consummation of an ultimate sexual act.

(b) masturbation, excretory functions, or lewd exhibition of uncovered genitals or female breasts;

(c) sadomasochistic abuse, meaning an act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a nude person or a person clad in undergarments or in a revealing or bizarre costume.

(10) "Ultimate sexual act" means vaginal or anal sexual intercourse, fellatio, cunnilingus, or bestiality.
Mont. Code Ann. § 45-9-127 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-127
45-9-127 Carrying dangerous drugs on train -- penalty
Status: in_force

45-9-127 . Carrying dangerous drugs on train -- penalty. (1) Except as provided in Title 16, chapter 12, a person commits the offense of carrying dangerous drugs on a train in this state if the person is knowingly or purposely in criminal possession of a dangerous drug and boards any train.

(2) A person convicted of carrying dangerous drugs on a train in this state is subject to the penalties provided in 45-9-102 .
Mont. Code Ann. § 45-5-626 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-626
45-5-626 Violation of order of protection
Status: in_force

45-5-626 . Violation of order of protection. (1) Except as provided in 50-32-609 , a person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for in 40-4-121 or an order of protection under Title 40, chapter 15. It may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense. Service of the order is not required upon a showing that the defendant had knowledge of the order and its content.

(2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection.

(3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense. Upon conviction for a second offense, an offender shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months. Upon conviction for a third or subsequent offense, an offender shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years.
Mont. Code Ann. § 45-5-102 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-102
45-5-102 Deliberate homicide
Status: in_force

45-5-102 . Deliberate homicide. (1) A person commits the offense of deliberate homicide if:

(a) the person purposely or knowingly causes the death of another human being;

(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being; or

(c) the person purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.

(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310 , unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222 .
Mont. Code Ann. § 45-5-106 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-106
45-5-106 Vehicular homicide while under influence
Status: in_force

45-5-106 . Vehicular homicide while under influence. (1) A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 .

(2) Vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102 (1)(b).

(3) A person convicted of vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred.

(4) If the victim has a surviving minor child, a person convicted of vehicular homicide while under the influence must be ordered to pay restitution pursuant to 46-18-240 .
Mont. Code Ann. § 45-3-108 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-108
45-3-108 Use of force in resisting arrest
Status: in_force

45-3-108 . Use of force in resisting arrest. A person is not authorized to use force to resist an arrest that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful and the arrest in fact is unlawful.
Mont. Code Ann. § 45-5-803 — MT Code / Title 45 / Chapter 5 / Part 8 / Section 45-5-803
45-5-803 Failure to report abuse or neglect of vulnerable adult -- false reporting -- penalties
Status: in_force

45-5-803 . Failure to report abuse or neglect of vulnerable adult -- false reporting -- penalties. A person is guilty of an offense and on conviction is punishable as provided in 46-18-212 if the person purposely or knowingly:

(1) fails to make a report required by 52-3-811 ;

(2) fails to disclose the contents of a case record or report in violation of 52-3-813 ;

(3) gives false information to an adult protective services representative or the county attorney with the purpose to implicate another person;

(4) reports to adult protective services or the county attorney an offense or other incident within the person's concern knowing that it did not occur; or

(5) pretends to furnish adult protective services or the county attorney with information relating to an offense or incident when the person knows that the person has no information relating to the offense.
Mont. Code Ann. § 45-8-304 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-304
45-8-304 Possession or use of machine gun for offensive purpose
Status: in_force

45-8-304 . Possession or use of machine gun for offensive purpose. Possession or use of a machine gun for offensive or aggressive purpose is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 10 years.
Mont. Code Ann. § 45-7-204 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-204
45-7-204 False alarms to agencies of public safety
Status: in_force

45-7-204 . False alarms to agencies of public safety. (1) A person commits an offense under this section if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, that deals with emergencies involving danger to life or property.

(2) A person convicted of an offense under this section 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. § 45-8-113 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-113
45-8-113 Creating hazard
Status: in_force

45-8-113 . Creating hazard. (1) A person commits the offense of creating a hazard if the person knowingly:

(a) discards in any place where it might attract children a container having a compartment of more than 1 1/2 cubic feet capacity and a door or lid that locks or fastens automatically when closed and cannot easily be opened from the inside and fails to remove the door, lid, or locking or fastening device;

(b) being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, mine shaft, or other hole of a depth of 4 feet or more and a top width of 12 inches or more, fails to cover or fence it with a suitable protective construction;

(c) tampers with an aircraft without the consent of the owner;

(d) being the owner or otherwise having possession of property upon which there is a steam engine or steam boiler, continues to use a steam engine or steam boiler that is in an unsafe condition;

(e) being a person in the act of game hunting, acts in a negligent manner or knowingly fails to give all reasonable assistance to any person whom the person has injured; or

(f) deposits any hard substance upon or between any railroad tracks that will tend to derail railroad cars or other vehicles.

(2) A person convicted of the offense of creating a hazard 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. § 45-2-312 — MT Code / Title 45 / Chapter 2 / Part 3 / Section 45-2-312
45-2-312 Accountability for conduct of corporation
Status: in_force

45-2-312 . Accountability for conduct of corporation. (1) A person is legally accountable for conduct that is an element of an offense and that, in the name or in behalf of a corporation, the person performs or causes to be performed to the same extent as if the conduct were performed in the person's own name or behalf.

(2) An individual who has been convicted of an offense by reason of legal accountability for the conduct of a corporation is subject to the punishment authorized by law for an individual upon conviction of the offense although only a lesser or different punishment is authorized for the corporation.
Mont. Code Ann. § 45-6-105 — MT Code / Title 45 / Chapter 6 / Part 1 / Section 45-6-105
45-6-105 Criminal destruction of or tampering with communication device
Status: in_force

45-6-105 . Criminal destruction of or tampering with communication device. (1) A person commits the offense of criminal destruction of or tampering with a communication device if the person purposely or knowingly destroys or tampers with a telephone or other communication device to obstruct, prevent, or interfere with:

(a) the report to any law enforcement agency of any actual criminal offense;

(b) the report to any law enforcement agency of any actual bodily injury or property damage; or

(c) a request made to any governmental agency or to any hospital, doctor, or other medical provider for necessary ambulance or emergency medical assistance.

(2) A person destroys or tampers with a communication device by making the communication device unusable or inoperable, by interrupting its use, or by making it inaccessible.

(3) A person convicted of the offense of criminal destruction of or tampering with a communication device shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 45-5-221 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-221
45-5-221 Malicious intimidation or harassment relating to civil or human rights -- penalty
Status: in_force

45-5-221 . Malicious intimidation or harassment relating to civil or human rights -- penalty. (1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities, the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:

(a) causes bodily injury to another;

(b) causes reasonable apprehension of bodily injury in another; or

(c) damages, destroys, or defaces any property of another or any public property.

(2) For purposes of this section, "deface" includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without the other person's permission.

(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.
Mont. Code Ann. § 45-8-318 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-318
45-8-318 Possession of deadly weapon by prisoner or youth in facility
Status: in_force

45-8-318 . Possession of deadly weapon by prisoner or youth in facility. (1) A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries or has under the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife, razor not including a safety razor, or other deadly weapon while the person is:

(a) a person committed to a state prison or incarcerated in a county jail, city jail, or regional jail and is:

(i) at a state prison, a state prison farm or ranch, or jail;

(ii) being conveyed to or from a place listed in this subsection (1)(a); or

(iii) under the custody of prison or jail officials, officers, or employees; or

(b) a person in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, correctional facility, or shelter care facility, as those terms are defined in 41-5-103 , and is at the facility, being conveyed to or from the facility, or under the custody of the facility officials, officers, or employees.

(2) A person convicted of the offense of possession of a deadly weapon by a prisoner shall be punished by imprisonment in the state prison for a term not less than 5 years or more than 15 years, by a fine of not more than $50,000, or by both fine and imprisonment.

(3) The youth court has jurisdiction of any violation of subsection (1)(b) unless the charge is filed in district court, in which case the district court has jurisdiction.
Mont. Code Ann. § 45-8-305 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-305
45-8-305 Presumption of offensive or aggressive purpose
Status: in_force

45-8-305 . Presumption of offensive or aggressive purpose. Possession or use of a machine gun must be presumed to be for an offensive or aggressive purpose when the machine gun is in the possession of or used by a person who has been convicted of a crime of violence in any court of record, state or federal, in the United States of America or its territories or insular possessions.
Mont. Code Ann. § 45-8-112 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-112
45-8-112 Action to abate public nuisance
Status: in_force

45-8-112 . Action to abate public nuisance. (1) A public nuisance may be abated and the persons maintaining the nuisance and the possessor of the premises who permits the nuisance to be maintained may be enjoined from the conduct by an action in equity in the name of the state of Montana by the county attorney or any resident of the state.

(2) Upon the filing of the complaint in the action, the judge may issue a temporary injunction.

(3) In an action, evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.

(4) If the existence of the nuisance is established, an order of abatement must be entered as part of the judgment in the case. The judge issuing the order may:

(a) confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the county general fund, destroy them, or return them to their rightful ownership;

(b) close the premises for any period not to exceed 1 year, during which period the premises must remain in the custody of the court;

(c) allow the premises to be opened upon posting bond sufficient in amount to ensure compliance with the order of abatement. The bond must be forfeited if the nuisance is continued or resumed. The procedure for forfeiture or discharge of the bond is as provided in 46-9-502 and 46-9-503 .

(d) impose any combination of subsections (4)(a) through (4)(c).
Mont. Code Ann. § 45-8-406 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-406
45-8-406 Supplying of firearms to criminal street gang
Status: in_force

45-8-406 . Supplying of firearms to criminal street gang. (1) A person commits the offense of supplying firearms to a criminal street gang if the person purposely or knowingly supplies, sells, or gives possession or control of any firearm to another, and the person has actual knowledge that the other person will use the firearm to commit an offense enumerated in 45-8-405 while actively participating in any criminal street gang whose members engage in a pattern of criminal street gang activity.

(2) Subsection (1) does not apply to a person who is convicted as a principal to the offense committed by the person to whom the firearm was supplied, sold, or given.

(3) A person convicted of the offense of supplying firearms to a criminal street gang shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
Mont. Code Ann. § 45-8-106 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-106
45-8-106 Bringing armed individuals into state
Status: in_force

45-8-106 . Bringing armed individuals into state. (1) A person commits the offense of bringing armed individuals into the state when the person knowingly brings or aids in bringing into this state an armed individual or armed body of individuals for the purpose of engaging in criminal or socially disruptive activities or to usurp the powers of law enforcement authorities.

(2) A person convicted of the offense of bringing armed individuals into the state 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. § 45-5-211 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-211
45-5-211 Assault upon sports official
Status: in_force

45-5-211 . Assault upon sports official. (1) A person commits the offense of assault upon a sports official if, while a sports official is acting as an official at an athletic contest in any sport at any level of amateur or professional competition, the person:

(a) purposely or knowingly causes bodily injury to the sports official;

(b) negligently causes bodily injury to the sports official with a weapon;

(c) purposely or knowingly makes physical contact of an insulting or provoking nature with the sports official; or

(d) purposely or knowingly causes reasonable apprehension of bodily injury in the sports official.

(2) A person convicted of assault upon a sports official 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.
Mont. Code Ann. § 45-9-203 — MT Code / Title 45 / Chapter 9 / Part 2 / Section 45-9-203
45-9-203 Surrender of license
Status: in_force

45-9-203 . Surrender of license. (1) If a court suspends or revokes a driver's license under 45-9-202 (2)(e), the defendant shall, at the time of sentencing, surrender the license to the court. The court shall forward the license and a copy of the sentencing order to the department of justice. The defendant may apply to the department for issuance of a probationary license under 61-2-302 .

(2) If a person with a registry identification card or license issued pursuant to 16-12-203 or 16-12-503 is convicted of an offense under this chapter, the court shall:

(a) at the time of sentencing, require the person to surrender the registry identification card; and

(b) notify the department of revenue of the conviction in order for the department to carry out its duties under 16-12-109 or 16-12-523 .
Mont. Code Ann. § 45-8-402 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-402
45-8-402 Definitions
Status: in_force

45-8-402 . Definitions. As used in this part, the following definitions apply:

(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405 , having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity.

(2) "Pattern of criminal street gang activity" has the meaning provided in 45-8-405 .
Mont. Code Ann. § 45-8-351 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-351
45-8-351 Restriction on local government regulation of firearms
Status: in_force

45-8-351 . Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.

(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.

(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
Mont. Code Ann. § 45-6-203 — MT Code / Title 45 / Chapter 6 / Part 2 / Section 45-6-203
45-6-203 Criminal trespass to property
Status: in_force

45-6-203 . Criminal trespass to property. (1) Except as provided in 15-7-139 , 70-16-111 , 76-13-116 , and subsection (4) of this section, a person commits the offense of criminal trespass to property if the person knowingly:

(a) enters or remains unlawfully in an occupied structure; or

(b) enters or remains unlawfully in or upon the premises of another.

(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

(3) A person convicted of or who forfeits bond or bail for committing an act of criminal trespass must be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture if the trespass occurs on:

(a) property owned or administered by the department of fish, wildlife, and parks; or

(b) any property, regardless of ownership, if the person is hunting, fishing, trapping, or collecting or attempting to collect antlers, antler sheds, or animal horns.

(4) It does not constitute criminal trespass when a person who lacks proof of vaccination or vaccination status or fails to wear a specific medical device, such as masks or other facial coverings, enters or remains in a public place paid for in whole or in part with taxpayer funds where proof of vaccination or use of medical devices, such as masks or other facial coverings, is required.
Mont. Code Ann. § 45-8-405 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-405
45-8-405 Pattern of criminal street gang activity
Status: in_force

45-8-405 . Pattern of criminal street gang activity. (1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.

(2) The offenses that form a pattern of criminal street gang activity include:

(a) deliberate homicide, as defined in 45-5-102 ;

(b) assault with a weapon, as defined in 45-5-213 ;

(c) intimidation, as defined in 45-5-203 ;

(d) kidnapping, as defined in 45-5-302 ;

(e) aggravated kidnapping, as defined in 45-5-303 ;

(f) robbery, as defined in 45-5-401 ;

(g) sexual intercourse without consent, as defined in 45-5-503 ;

(h) aggravated sex trafficking, as defined in 45-5-706 ;

(i) child sex trafficking, as defined in 45-5-711 ;

(j) criminal mischief, as defined in 45-6-101 ;

(k) arson, as defined in 45-6-103 ;

(l) burglary, as defined in 45-6-204 ;

(m) theft, as defined in 45-6-301 ;

(n) forgery, as defined in 45-6-325 ;

(o) tampering with witnesses and informants, as defined in 45-7-206 ;

(p) bringing armed individuals into the state, as defined in 45-8-106 ;

(q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313 ;

(r) carrying a concealed weapon, as defined in 45-8-316 ;

(s) possession of a deadly weapon by a prisoner, as defined in 45-8-318 ;

(t) possession of a destructive device, as defined in 45-8-334 ;

(u) possession of explosives, as defined in 45-8-335 ;

(v) possession of a sawed-off firearm, as defined in 45-8-340 ;

(w) possession of a stolen firearm, as defined in 45-8-346 ;

(x) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;

(y) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403 .
Mont. Code Ann. § 45-5-220 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-220
45-5-220 Stalking -- exemption -- penalty
Status: in_force

45-5-220 . Stalking -- exemption -- penalty. (1) A person commits the offense of stalking if the person purposely or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person to:

(a) fear for the person's own safety or the safety of a third person; or

(b) suffer other substantial emotional distress.

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

(a) "Course of conduct" means two or more acts, including but not limited to acts in which the offender directly or indirectly, by any action, method, communication, or physical or electronic devices or means, follows, monitors, observes, surveils, threatens, harasses, or intimidates a person or interferes with a person's property.

(b) "Monitors" includes the use of any electronic, digital, or global positioning device or similar technological means.

(c) "Reasonable person" means a reasonable person under similar circumstances as the victim. This is an objective standard.

(d) "Substantial emotional distress" means significant mental suffering or distress that may but does not necessarily require medical or other professional treatment or counseling.

(3) This section does not apply to a constitutionally protected activity.

(4) (a) Except as provided in subsection (4)(b), for the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1,000, or both.

(b) For a second or subsequent offense within 20 years or for a first offense when the offender violated any order of protection, when the offender used force or a weapon or threatened to use force or a weapon, or when the victim is a minor and the offender is at least 5 years older than the victim, the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both.

(c) A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.

(5) Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).

(6) For the purpose of determining the number of convictions under this section, "conviction" means:

(a) a conviction, as defined in 45-2-101 , in this state;

(b) a conviction for a violation of a statute similar to this section in another state; or

(c) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been vacated.

(7) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.
Mont. Code Ann. § 45-5-301 — MT Code / Title 45 / Chapter 5 / Part 3 / Section 45-5-301
45-5-301 Unlawful restraint
Status: in_force

45-5-301 . Unlawful restraint. (1) A person commits the offense of unlawful restraint if the person knowingly or purposely and without lawful authority restrains another so as to interfere substantially with the other person's liberty.

(2) A person convicted of the offense of unlawful restraint 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. § 45-5-601 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-601
45-5-601 Prostitution -- patronizing prostitute -- exception
Status: in_force

45-5-601 . Prostitution -- patronizing prostitute -- exception. (1) Except as provided in subsection (2)(a), the offense of prostitution is committed if a person engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid.

(2) (a) A prostitute may be convicted of prostitution only if the prostitute engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received or to be received or paid or to be paid. A prostitute who is convicted of prostitution may 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.

(b) A patron may be convicted of patronizing a prostitute if the patron engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid. Except as provided in subsection (3), a patron who is convicted of prostitution shall for the first offense be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 5 years, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(3) (a) If the person patronized was a child, whether or not the patron was aware of the child's age, or a person, including a law enforcement officer using an undercover or fictitious identity, whom the patron believed was a child and the patron was 18 years of age or older at the time of the offense, the patron 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 (3)(a)(i) except as provided in 46-18-222 , and during the first 25 years of imprisonment, the offender is not eligible for parole.

(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 .

(4) It is not a violation of this section 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.

(5) It is not a defense in a prosecution under this section that a child consented to engage in sexual activity.

(6) It is not a defense in a prosecution under this section that a defendant believed the child was an adult. Absolute liability, as provided in 45-2-104 , is imposed.
Mont. Code Ann. § 45-8-408 — MT Code / Title 45 / Chapter 8 / Part 4 / Section 45-8-408
45-8-408 Adoption of local regulations
Status: in_force

45-8-408 . Adoption of local regulations. This part does not prevent a local government from adopting and enforcing ordinances or resolutions consistent with this part relating to criminal street gangs and criminal street gang violence.
Mont. Code Ann. § 45-7-202 — MT Code / Title 45 / Chapter 7 / Part 2 / Section 45-7-202
45-7-202 False swearing
Status: in_force

45-7-202 . False swearing. (1) A person commits the offense of false swearing if 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 person does not believe the statement to be true and:

(a) the falsification occurs in an official proceeding;

(b) the falsification is purposely made to mislead a public servant in performing an official function; or

(c) the statement is one that is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.

(2) Subsections (4) through (7) of 45-7-201 apply to this section.

(3) A person convicted of false swearing 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. § 45-8-332 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-332
45-8-332 Definitions
Status: in_force

45-8-332 . Definitions. (1) "Destructive device", as used in this chapter, includes but is not limited to the following weapons:

(a) a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns;

(b) a bomb, grenade, explosive missile, or similar device or a launching device therefor;

(c) a weapon of a caliber greater than .60 caliber which fires fixed ammunition or any ammunition therefor, other than a shotgun or shotgun ammunition;

(d) a rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch or a launching device therefor and a rocket, rocket-propelled projectile, or similar device containing an explosive or incendiary material or any other similar chemical substance other than the propellant for the device, except devices designed primarily for emergency or distress signaling purposes;

(e) a breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and which has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.

(2) "Explosive", as used in this chapter, means any explosive defined in rules adopted by the department of justice pursuant to 50-3-102 (3).
Mont. Code Ann. § 45-8-354 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-354
45-8-354 Legislative intent
Status: reserved

45-8-354 . Legislative intent. It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution and to further establish that the right to defense of a person's life, liberty, or property is a fundamental right.
Mont. Code Ann. § 45-8-208 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-208
45-8-208 Penalties
Status: in_force

45-8-208 . Penalties. (1) A person who is convicted of violating 45-8-206 is guilty of a misdemeanor and may be fined an amount not to exceed $500 or be imprisoned for a term not to exceed 6 months, or both.

(2) For purposes of 45-8-206 , multiple copies of the same title, monthly issue, volume and number issue, or other identical material constitutes a single offense.
Mont. Code Ann. § 45-5-214 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-214
45-5-214 Assault with bodily fluid
Status: in_force

45-5-214 . Assault with bodily fluid. (1) A person commits the offense of assault with a bodily fluid if the person purposely causes one of the person's bodily fluids to make physical contact with:

(a) a law enforcement officer, a staff person of a correctional or detention facility, or a health care provider, as defined in 50-4-504 , including a health care provider performing emergency services, while the health care provider is acting in the course and scope of the health care provider's profession and occupation:

(i) during or after an arrest for a criminal offense;

(ii) while the person is incarcerated in or being transported to or from a state prison, a county, city, or regional jail or detention facility, or a health care facility; or

(iii) if the person is a minor, while the youth is detained in or being transported to or from a county, city, or regional jail or detention facility or a youth detention facility, secure detention facility, regional detention facility, short-term detention center, correctional facility as defined in 41-5-103 , health care facility, or shelter care facility; or

(b) an emergency responder.

(2) A person convicted of the offense of assault with a bodily fluid shall be fined an amount not to exceed $1,000 or incarcerated in a county jail or a state prison for a term not to exceed 1 year, or both.

(3) The youth court has jurisdiction of any violation of this section by a minor.

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

(a) "Bodily fluid" means any bodily secretion, including but not limited to feces, urine, blood, and saliva.

(b) "Emergency responder" means a licensed medical services provider, law enforcement officer, firefighter, volunteer firefighter or officer of a nonprofit volunteer fire company, emergency care provider, emergency nurse, ambulance operator, provider of civil defense services, or any other person who in good faith renders emergency care or assistance at a crime scene or the scene of an emergency or accident.
Mont. Code Ann. § 45-8-116 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-116
45-8-116 Funeral picketing -- penalties
Status: in_force

45-8-116 . Funeral picketing -- penalties. (1) A person commits the offense of funeral picketing if the person knowingly engages in picketing within 1,500 feet of any property boundary entrance to or exit from a funeral site during the period from 1 hour before the scheduled commencement of the funeral services until 1 hour after the actual completion of the funeral services.

(2) A person convicted of funeral picketing shall be fined an amount not less than $250 and not more than $1,000 or be imprisoned in the county jail for a term not to exceed 12 months, or both.

(3) This section does not affect any proceeding against a person for violation of any other provision of law. A district court may enjoin conduct proscribed by this section.

(4) In addition to, and not in lieu of, the penalties provided for in subsection (2), a district court may in a civil action award damages, including punitive damages, attorney fees, and other appropriate relief, to a person who suffers injury as a result of activity that may be a violation of this section.

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

(a) "Funeral" or "funeral services" means the ceremonies, rituals, and memorial services held in connection with the memorial of a deceased person or in connection with the burial, cremation, or other disposition of a human body, including the assembly and dispersal of the persons attending the funeral.

(b) "Funeral site" means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other public or private place where a funeral is conducted.

(c) "Picketing" means the making of any noise or diversion that can reasonably be expected to disturb a funeral by:

(i) standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, flag, sign, or similar device that is not a part of the funeral services;

(ii) engaging, with or without the use of a sound amplification device, in loud oration, speech, singing, chanting, whistling, or yelling that is not part of the funeral services;

(iii) distributing any handbill, pamphlet, leaflet, or other written or printed material other than written material that is distributed as part of the funeral services; or

(iv) obstructing or preventing the intended uses of a public street, public sidewalk, or other public space.
Mont. Code Ann. § 45-2-302 — MT Code / Title 45 / Chapter 2 / Part 3 / Section 45-2-302
45-2-302 When accountability exists
Status: in_force

45-2-302 . When accountability exists. A person is legally accountable for the conduct of another when:

(1) having a mental state described by the statute defining the offense, the person causes another to perform the conduct, regardless of the legal capacity or mental state of the other person;

(2) the statute defining the offense makes the person accountable; or

(3) either before or during the commission of an offense with the purpose to promote or facilitate the commission, the person solicits, aids, abets, agrees, or attempts to aid the other person in the planning or commission of the offense. However, a person is not accountable if:

(a) the person is a victim of the offense committed, unless the statute defining the offense provides otherwise; or

(b) before the commission of the offense, the person terminates the person's effort to promote or facilitate the commission and does one of the following:

(i) wholly deprives the person's prior efforts of effectiveness in the commission;

(ii) gives timely warning to the proper law enforcement authorities; or

(iii) otherwise makes proper effort to prevent the commission of the offense.
Mont. Code Ann. § 45-8-377 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-377
45-8-377 Private right of action
Status: in_force

45-8-377 . Private right of action. (1) A manufacturer or seller harmed by a negligent marketing claim brought in violation of 45-8-374 may bring a civil action for damages and injunctive relief.

(2) A plaintiff who prevails in an action brought pursuant to this section is entitled to recover reasonable attorney fees and costs.
Mont. Code Ann. § 45-2-301 — MT Code / Title 45 / Chapter 2 / Part 3 / Section 45-2-301
45-2-301 Accountability for conduct of another
Status: in_force

45-2-301 . Accountability for conduct of another. A person is responsible for conduct that is an element of an offense if the conduct is either that of the person or that of another and the person is legally accountable for the conduct as provided in 45-2-302 , or both.
Mont. Code Ann. § 45-8-214 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-214
45-8-214 Bribery in contests
Status: in_force

45-8-214 . Bribery in contests. (1) A person commits the offense of bribery in contests if the person purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:

(a) any pecuniary benefit as a consideration for the recipient's failure to use the recipient's best efforts in connection with any professional or amateur athletic contest, sporting event, or exhibition; or

(b) any benefit as consideration for a violation of a known duty as a person participating in, officiating, or connected with any professional or amateur athletic contest, sporting event, or exhibition.

(2) A person convicted of the offense of bribery in contests shall be fined not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
Mont. Code Ann. § 45-5-107 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-107
45-5-107 Aggravated vehicular homicide while under the influence
Status: in_force

45-5-107 . Aggravated vehicular homicide while under the influence. (1) A person commits the offense of aggravated vehicular homicide while under the influence if the person causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d) and in violation of aggravated driving under the influence as defined in 61-8-1001 .

(2) Aggravated vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102 (1)(b).

(3) A person convicted of aggravated vehicular homicide while under the influence shall be imprisoned in a state prison for a term of not less than 3 years or more than 30 years or be fined an amount of at least $10,000 not to exceed $50,000, or both. Imposition of a sentence may not be deferred. The court may not suspend execution of the first 3 years of a sentence of imprisonment imposed under this subsection except as provided in 46-18-222 (1) through (5).
Mont. Code Ann. § 45-9-108 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-108
45-9-108 Exemptions
Status: in_force

45-9-108 . Exemptions. (1) The provisions of 45-9-107 do not apply to:

(a) a drug manufacturer licensed by the state;

(b) a person authorized by rules adopted by the board of pharmacy to possess the combination of substances;

(c) a person employed by or enrolled as a student in a college or university within the state who possesses any combination of substances listed in 45-9-107 for the purposes of teaching or research that is authorized by the college or university.

(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the processing of any combination of the substances listed in 45-9-107 whenever it determines that there is a legitimate need and that the substances will be used for a lawful purpose.

(3) The provisions of 45-9-102 , 45-9-103 , and 45-9-110 do not apply to 80-18-102 .
Mont. Code Ann. § 45-2-211 — MT Code / Title 45 / Chapter 2 / Part 2 / Section 45-2-211
45-2-211 Consent as defense
Status: in_force

45-2-211 . Consent as defense. (1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.

(2) Consent is ineffective if:

(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;

(b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;

(c) it is induced by force, duress, or deception;

(d) it is against public policy to permit the conduct or the resulting harm, even though consented to; or

(e) for offenses under 45-5-502 , 45-5-503 , 45-5-508 , 45-5-601 , or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701 , or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.
Mont. Code Ann. § 45-8-302 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-302
45-8-302 Definitions
Status: in_force

45-8-302 . Definitions. In 45-8-303 through 45-8-305 and 45-8-307 , the following definitions apply:

(1) "Crime of violence" means any of the following crimes or an attempt to commit any of the crimes: any forcible felony, robbery, burglary, and criminal trespass.

(2) "Machine gun" means a firearm designed to discharge more than one shot by a single function of the trigger.

(3) "Person" includes a firm, partnership, association, or corporation.
Mont. Code Ann. § 45-7-401 — MT Code / Title 45 / Chapter 7 / Part 4 / Section 45-7-401
45-7-401 Official misconduct
Status: in_force

45-7-401 . Official misconduct. (1) A public servant commits the offense of official misconduct when in an official capacity the public servant commits any of the following acts:

(a) purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction;

(b) knowingly performs an act in an official capacity that the public servant knows is forbidden by law;

(c) with the purpose to obtain a personal advantage or an advantage for another, performs an act in excess of the public servant's lawful authority;

(d) solicits or knowingly accepts for the performance of any act a fee or reward that the public servant knows is not authorized by law; or

(e) knowingly conducts a meeting of a public agency in violation of 2-3-203 .

(2) A public servant convicted of the offense of official misconduct 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 district court has exclusive jurisdiction in prosecutions under this section. Any action for official misconduct must be commenced by an information filed after leave to file has been granted by the district court or after a grand jury indictment has been found.

(4) A public servant who has been charged as provided in subsection (3) may be suspended from office without pay pending final judgment. Upon final judgment of conviction, the public servant shall permanently forfeit the public servant's office. Upon acquittal, the public servant must be reinstated in office and must receive all backpay.

(5) This section does not affect any power conferred by law to impeach or remove any public servant or any proceeding authorized by law to carry into effect an impeachment or removal.
Mont. Code Ann. § 45-3-101 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-101
45-3-101 Definitions
Status: in_force

45-3-101 . Definitions. (1) "Force likely to cause death or serious bodily harm" within the meaning of this chapter includes but is not limited to:

(a) the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and

(b) the firing of a firearm at a vehicle in which a person is riding.

(2) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any individual.
Mont. Code Ann. § 45-6-317 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-317
45-6-317 Deceptive practices
Status: in_force

45-6-317 . Deceptive practices. (1) A person commits the offense of deceptive practices when the person purposely or knowingly:

(a) causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred;

(b) makes or directs another to make a false or deceptive statement addressed to the public or any person for the purpose of promoting or procuring the sale of property or services;

(c) makes or directs another to make a false or deceptive statement to any person respecting the financial condition of the person making or directing another to make the statement for the purpose of procuring a loan or credit or accepts a false or deceptive statement from any person who is attempting to procure a loan or credit regarding that person's financial condition; or

(d) obtains or attempts to obtain property, labor, or services by any of the following means:

(i) using a credit card that was issued to another without the other's consent;

(ii) using a credit card that has been revoked or canceled;

(iii) using a credit card that has been falsely made, counterfeited, or altered in any material respect;

(iv) using the pretended number or description of a fictitious credit card; or

(v) using a credit card that has expired when the credit card clearly indicates the expiration date.

(2) A person convicted of the offense of deceptive practices 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 deceptive practices are part of a common scheme or the value of any 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 10 years, or both.
Mont. Code Ann. § 45-6-321 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-321
45-6-321 Illegal transportation of catalytic converters
Status: in_force

45-6-321 . Illegal transportation of catalytic converters. (1) Except for a person transporting vehicles or materials in conformance with the junk vehicle program provided for in Title 75, chapter 10, part 5, a person commits the offense of illegal transportation of catalytic converters if the person purposely or knowingly transports more than one catalytic converter that is not connected to a vehicle exhaust system and the person lacks a nonferrous metal acquisition record as provided in 30-22-102 .

(2) A person convicted of illegal transportation of catalytic converters shall be fined an amount not to exceed $5,000 or be imprisoned for a term not to exceed 1 year, or both.
Mont. Code Ann. § 45-3-104 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-104
45-3-104 Use of force in defense of other property
Status: in_force

45-3-104 . Use of force in defense of other property. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person's possession or in the possession of another who is a member of the person's immediate family or household or of a person whose property the person has a legal duty to protect. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.
Mont. Code Ann. § 45-5-640 — MT Code / Title 45 / Chapter 5 / Part 6 / Section 45-5-640
45-5-640 Disclosing explicit synthetic media
Status: in_force

45-5-640 . Disclosing explicit synthetic media. (1) A person commits the offense of disclosing explicit synthetic media when the person knowingly or purposely:

(a) discloses explicit synthetic media and knows or reasonably should know that an identifiable person portrayed in whole or in part in the explicit synthetic media did not consent to the disclosure and that disclosure of the explicit synthetic media would cause the identifiable person substantial emotional distress;

(b) discloses explicit synthetic media with the intent to terrify, intimidate, threaten, harass, or injure an identifiable person portrayed in whole or in part in the explicit synthetic media; or

(c) possesses and threatens to disclose explicit synthetic media with the intent to obtain money or other valuable consideration from an identifiable person portrayed in whole or in part in the explicit synthetic media.

(2) (a) Except as provided in subsections (2)(b) and (2)(c), a person convicted of the offense of disclosing explicit synthetic media 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 or subsequent conviction of the offense of disclosing explicit synthetic media, a person shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.

(c) If the person portrayed in whole or in part in the explicit synthetic media is under 18 years of age at the time of the offense, the offender 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.

(3) Subsection (1) does not apply when the disclosure is made:

(a) for the purpose of reporting unlawful conduct;

(b) for legitimate scientific research or educational purposes; or

(c) in the normal course of civil or criminal legal proceedings and consistent with common practices or is protected by a court order that prohibits further dissemination.

(4) Nothing in this section may be construed to impose liability on an interactive computer service for content provided by another person unless the interactive computer service intentionally aids or abets disclosing explicit synthetic media.

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

(a) "Disclose" means to make available by any means to any person.

(b) "Explicit synthetic media" means synthetic media, also known as deepfakes, that depicts or appears to depict:

(i) an identifiable individual engaged in sexual conduct;

(ii) the genitals, breasts, pubic or rectal area, or other intimate parts of an identifiable individual, including an artificially generated depiction of the genitals, breasts, pubic or rectal area, or other intimate parts of an identifiable individual; or

(iii) the display or transfer of sexual bodily fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.

(c) "Identifiable individual" means an individual who is portrayed in whole or in part in synthetic media and who is recognizable by the individual's face, likeness, or other distinguishing characteristic.

(d) "Sexual conduct" has the same meaning as provided in 45-5-625 .

(e) "Synthetic media" means an image or video created or altered using technical means, including artificial intelligence, to realistically misrepresent an identifiable individual as engaging in conduct in which the identifiable individual did not engage.

(f) "Valuable consideration" includes but is not limited to sexually explicit images or video from the identifiable individual portrayed in the synthetic media.
Mont. Code Ann. § 45-8-329 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-329
45-8-329 Concealed weapon permits from other states recognized
Status: in_force

45-8-329 . Concealed weapon permits from other states recognized. (1) A concealed weapon permit from another state is valid in this state if:

(a) the person issued the permit has the permit in the person's immediate possession;

(b) the person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification; and

(c) the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.

(2) The attorney general shall develop and maintain a list of states from which permits are recognized under this section for the use by law enforcement agencies in this state.

(3) A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the privilege granted by this section.
Mont. Code Ann. § 45-6-101 — MT Code / Title 45 / Chapter 6 / Part 1 / Section 45-6-101
45-6-101 Criminal mischief
Status: in_force

45-6-101 . Criminal mischief. (1) A person commits the offense of criminal mischief if the person knowingly or purposely:

(a) injures, damages, or destroys any property of another or public property without consent;

(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;

(c) damages or destroys property with the purpose to defraud an insurer; or

(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns.

(2) A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court.

(3) A person convicted of the offense of criminal mischief shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $1,500, injures or kills a commonly domesticated hoofed animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services, 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 10 years, or both.

(4) Amounts involved in criminal mischiefs committed pursuant to a common scheme or the same transaction, whether against the public or the same person or several persons, may be aggregated in determining pecuniary loss.

(5) A person convicted of or who forfeits bond or bail for committing an act of criminal mischief involving property owned or administered by the department of fish, wildlife, and parks shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for at least 24 months from the date of conviction or forfeiture.
Mont. Code Ann. § 45-8-229 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-229
45-8-229 Restitution for harassment, harm, or unauthorized control of service animal
Status: in_force

45-8-229 . Restitution for harassment, harm, or unauthorized control of service animal. (1) A person convicted of a violation of 45-8-227 or 45-8-228 must be ordered to make full restitution of all damages, including incidental and consequential expenses incurred by the service animal handler, arising from or related to the violation.

(2) Restitution for applicable expenses may include but is not limited to:

(a) the value of an incapacitated or deceased service animal and the training of a replacement service animal;

(b) the retraining of an affected service animal;

(c) related veterinary and care expenses; and

(d) medical expenses of the service animal handler, training of the service animal handler, and compensation for wages or earned income lost by the service animal handler.

(3) Nothing in this section affects any civil remedies available for a violation of 45-8-227 and 45-8-228 and this section.
Mont. Code Ann. § 45-6-309 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-309
45-6-309 Failure to return rented or leased personal property
Status: in_force

45-6-309 . Failure to return rented or leased personal property. (1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.

(2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.

(3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified or registered mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense.

(4) (a) A person convicted of failure to return rented or leased personal 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.

(b) A person convicted of failure to return rented or leased personal property that exceeds $1,500 in value shall be imprisoned in the state prison for a term not to exceed 10 years.

(c) A person convicted of failure to return rented or leased personal property exceeding $5,000 in value or part of a common scheme 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.
Mont. Code Ann. § 45-7-102 — MT Code / Title 45 / Chapter 7 / Part 1 / Section 45-7-102
45-7-102 Threats and other improper influence in official and political matters
Status: in_force

45-7-102 . Threats and other improper influence in official and political matters. (1) A person commits an offense under this section if the person purposely or knowingly:

(a) (i) threatens harm to any person, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;

(ii) threatens harm to any public servant, to the public servant's spouse, child, parent, or sibling, or to the public servant's property with the purpose to influence the public servant's decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;

(iii) threatens harm to any public servant or party official, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person to violate the person's duty or to prevent the public servant or party official from accepting or holding any public office;

(iv) privately addresses to any public servant who has or will have official discretion in a judicial or administrative proceeding any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations other than those authorized by law;

(v) as a juror or officer in charge of a jury receives or permits to be received any communication relating to any matter pending before the jury, except according to the regular course of proceedings; or

(b) injures the person or property of a public servant or injures the servant's spouse, child, parent, or sibling because of the public servant's lawful discharge of the duties of the office or to prevent the public servant from discharging the public servant's official duties.

(2) It is no defense to prosecution under subsections (1)(a)(i) through (1)(a)(iv) and (1)(b) that a person whom the offender sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.

(3) A person convicted under this section shall be fined 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. § 45-5-304 — MT Code / Title 45 / Chapter 5 / Part 3 / Section 45-5-304
45-5-304 Custodial interference
Status: in_force

45-5-304 . Custodial interference. (1) A person commits the offense of custodial interference if, knowing that the person has no legal right to do so, the person takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution.

(2) A person convicted of the offense of custodial 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, incompetent person, or other person to lawful custody 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, incompetent person, or other person to lawful custody before arrest.
Mont. Code Ann. § 45-9-125 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-125
45-9-125 Continuing criminal enterprise -- penalty
Status: in_force

45-9-125 . Continuing criminal enterprise -- penalty. (1) A person who engages in a continuing criminal enterprise is guilty of a crime and upon conviction is punishable by a term of imprisonment and a fine not exceeding two times those authorized for the underlying offense. For purposes of this subsection, a person is engaged in a continuing criminal enterprise if:

(a) the person violates any provision of this chapter that is a felony; and

(b) the violation is a part of a continuing series of two or more violations of this chapter on separate occasions:

(i) that are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, supervisor, or any other position of management; and

(ii) from which the person obtained substantial income or resources.

(2) A person who violates the provisions of subsection (1) after a previous judgment of conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized for the underlying offense.

(3) A sentence for a conviction under this section runs consecutively with the conviction for the underlying offense. Mandatory minimum sentences must be multiplied as provided in this section and may not be waived or suspended.
Mont. Code Ann. § 45-9-103 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-103
45-9-103 Criminal possession with intent to distribute
Status: in_force

45-9-103 . Criminal possession with intent to distribute. (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12.

(2) Except as provided in subsection (3), a person convicted of criminal possession with intent to distribute shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not to exceed $50,000, or both.

(3) A person convicted of criminal possession with intent to distribute fentanyl shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years or may be fined not more than $50,000, or both. The court may not suspend execution or defer imposition of the first 2 years of the sentence, except as provided in 46-18-222 (1) through (4), and during the first 2 years of imprisonment, the offender is not eligible for parole.

(4) Practitioners, as defined in 50-32-101 , and agents under their supervision acting in the course of a professional practice are exempt from this section.
Mont. Code Ann. § 45-3-105 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-105
45-3-105 Use of force by aggressor
Status: in_force

45-3-105 . Use of force by aggressor. The justification described in 45-3-102 through 45-3-104 is not available to a person who:

(1) is attempting to commit, committing, or escaping after the commission of a forcible felony; or

(2) purposely or knowingly provokes the use of force against the person, unless:

(a) the force is so great that the person reasonably believes that the person is in imminent danger of death or serious bodily harm and that the person has exhausted every reasonable means to escape the danger other than the use of force that is likely to cause death or serious bodily harm to the assailant; or

(b) in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that the person desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
Mont. Code Ann. § 45-6-329 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-329
45-6-329 Disposition of property and proceeds of sale
Status: in_force

45-6-329 . Disposition of property and proceeds of sale. (1) If the court finds that property seized pursuant to the theft of a commonly domesticated hoofed animal or illegal branding or altering or obscuring a brand was not used for the purpose charged or that the property listed in 45-6-328 (1) was used without the knowledge or consent of the owner, it shall order the property released to the owner of record as of the date of the seizure.

(2) If the court finds that the property was used for the purpose charged and that the property listed in 45-6-328 (1) was used with the knowledge or consent of the owner, the property must be disposed of as follows:

(a) If proper proof of the claim is presented at the hearing by the holder of a security interest, the court shall order the property released to the holder of the security interest if the amount due the holder of the security interest is equal to or in excess of the value of the property as of the date of seizure. If the amount due the holder of the security interest is less than the value of the property, the property, if it is sold, must be sold at public auction by the department of livestock in the same manner provided by law for the sale of property under execution or the department of livestock may return the property to the holder of the security interest without proceeding with an auction. The property may not be sold to an officer or employee of the department of livestock or to a person related to a department officer or employee by blood or marriage.

(b) If no claimant exists and the department of livestock wishes to retain the property for its official use, it may do so. If the property is not to be retained, it must be sold as provided in subsection (2)(a).

(c) If a claimant who has presented proper proof of a claim exists and the department of livestock wishes to retain the property for its official use, it may do so if it compensates the claimant in the amount of the security interest outstanding at the time of the seizure.

(3) In making a disposition of property under this section, the court may take any action to protect the rights of innocent persons.

(4) Whenever property is seized, forfeited, and sold under the provisions of this section, the net proceeds of the sale must be distributed as follows:

(a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their interests in the property; and

(b) the remainder, if any, to the credit of the department of livestock to be used in enforcement activities related to the theft of commonly domesticated hoofed animals and illegal branding or altering or obscuring a brand.
Mont. Code Ann. § 45-8-303 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-303
45-8-303 Possession or use of machine gun in connection with a crime
Status: in_force

45-8-303 . Possession or use of machine gun in connection with a crime. Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 20 years.
Mont. Code Ann. § 45-5-105 — MT Code / Title 45 / Chapter 5 / Part 1 / Section 45-5-105
45-5-105 Aiding or soliciting suicide
Status: in_force

45-5-105 . Aiding or soliciting suicide. (1) A person who purposely aids or solicits another to commit suicide, but such suicide does not occur, commits the offense of aiding or soliciting suicide.

(2) A person convicted of the offense of aiding or soliciting a suicide 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. § 45-8-356 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-356
45-8-356 Where concealed weapon may be carried -- exceptions
Status: in_force

45-8-356 . Where concealed weapon may be carried -- exceptions. A person with a current and valid permit issued pursuant to 45-8-321 or 45-8-312 or recognized pursuant to 45-8-329 may not be prohibited or restricted from exercising that permit anywhere in the state, except:

(1) in a correctional, detention, or treatment facility operated by or contracted with the department of corrections or a secure treatment facility operated by the department of public health and human services;

(2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or county;

(3) at or beyond a security screening checkpoint regulated by the transportation security administration in a publicly owned, commercial airport;

(4) in a building owned and occupied by the United States;

(5) on a military reservation owned and managed by the United States;

(6) on private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms;

(7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge; or

(8) in a school building as determined by a school board pursuant to 45-8-361 .
Mont. Code Ann. § 45-8-334 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-334
45-8-334 Possession of destructive device
Status: in_force

45-8-334 . Possession of destructive device. (1) A person who, with the purpose to commit a felony, has in the person's possession any destructive device on a public street or highway, in or near any theater, hall, school, college, church, hotel, other public building, or private habitation, in, on, or near any aircraft, railway passenger train, car, vessel engaged in carrying passengers for hire, or other public place ordinarily passed by human beings is guilty of the offense of possession of a destructive device.

(2) A person convicted of the offense of possession of a destructive device shall be imprisoned in the state prison for a period of not more than 10 years or be fined an amount of not more than $50,000, or both.
Mont. Code Ann. § 45-6-341 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-341
45-6-341 Money laundering
Status: in_force

45-6-341 . Money laundering. (1) A person commits the offense of money laundering if the person knowingly:

(a) receives or acquires the proceeds of, or engages in transactions involving proceeds of, any activity that is unlawful under the laws of the United States or the state in which the activity occurred;

(b) gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available anything of value that the person knows is intended to be used for the purpose of committing or furthering the commission of any activity that is unlawful under the laws of the United States or the state in which the committing or furthering of the commission of the activity occurs;

(c) directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred; or

(d) conducts a financial transaction involving proceeds that the person knows are derived from any activity that is unlawful under the laws of the United States or the state in which the activity occurred when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds or to avoid a transaction reporting requirement under federal law.

(2) A person convicted of money laundering 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 money laundering is part of a common scheme or if the value of the proceeds or item of value exceeds $1,500, the person shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 20 years, or both.

(3) (a) Upon conviction, the court shall order the following property possessed by a person convicted of money laundering to be forfeited:

(i) money, including digital currency, and raw materials, products, equipment of any kind, and any other personal property involved in the money laundering;

(ii) personal property constituting or derived from proceeds obtained directly or indirectly from the money laundering; and

(iii) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to commit or facilitate the commission of, or that is derived from or maintained by the proceeds resulting from, the money laundering.

(b) The sheriff of the county where forfeited property is located shall sell the property at auction. The proceeds of the sale must be deposited in the state general fund.

(4) For purposes of this section, "digital currency" means money represented by digital information that is stored, spent, and transferred electronically by a person as part of a financial transaction.
Mont. Code Ann. § 45-8-118 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-118
45-8-118 Restrictions on sexually oriented businesses -- penalty
Status: in_force

45-8-118 . Restrictions on sexually oriented businesses -- penalty. (1) A sexually oriented business may not allow a person under 18 years of age to enter the premises of the business during a sexually oriented performance.

(2) The owner, operator, manager, or employee of a sexually oriented business who is convicted of violating this section shall be fined not less than $1,000 or more than $5,000 for the first offense, not less than $2,500 or more than $5,000 for the second offense, and for third and subsequent offenses be fined $10,000 and, if applicable, the county or municipality shall revoke the business license held by the offender.

(3) Sections 20-7-135 , 27-1-521 , and 45-8-117 and this section are applicable and uniform throughout the state and any political subdivisions.
Mont. Code Ann. § 45-5-401 — MT Code / Title 45 / Chapter 5 / Part 4 / Section 45-5-401
45-5-401 Robbery
Status: in_force

45-5-401 . Robbery. (1) A person commits the offense of robbery if in the course of committing a theft, the person:

(a) inflicts bodily injury upon another;

(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of immediate bodily injury; or

(c) commits or threatens immediately to commit any felony other than theft.

(2) A person convicted of the offense of robbery 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 .

(3) "In the course of committing a theft", as used in this section, includes acts that occur in an attempt to commit or in the commission of theft or in flight after the attempt or commission.
Mont. Code Ann. § 45-9-121 — MT Code / Title 45 / Chapter 9 / Part 1 / Section 45-9-121
45-9-121 Criminal possession of toxic substance -- penalty
Status: in_force

45-9-121 . Criminal possession of toxic substance -- penalty. (1) A person commits the offense of criminal possession of a toxic substance if the person inhales or ingests or possesses with the purpose to inhale or ingest, for the purpose of altering the person's mental or physical state, any substance with toxic effects that is not manufactured for human consumption or inhalation, including but not limited to glue, fingernail polish, paint and paint thinners, petroleum products, aerosol propellants, and chemical solvents.

(2) The provisions of subsection (1) do not apply to a bona fide institution of higher education conducting research with human volunteers pursuant to guidelines adopted by the institution or any federal or state agency.

(3) A person convicted under this section 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.

(4) The youth court has jurisdiction of any violation of subsection (1) by a person under 18 years of age.
Mont. Code Ann. § 45-5-511 — MT Code / Title 45 / Chapter 5 / Part 5 / Section 45-5-511
45-5-511 Provisions generally applicable to sexual crimes
Status: in_force

45-5-511 . Provisions generally applicable to sexual crimes. (1) When criminality depends on the victim being less than 16 years old, it is a defense for the offender to prove that the offender reasonably believed the child to be above that age. The belief may not be considered reasonable if the child is less than 14 years old.

(2) Evidence concerning the sexual conduct of the victim is inadmissible in prosecutions under this part except evidence of the victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease that is at issue in the prosecution.

(3) If the defendant proposes for any purpose to offer evidence described in subsection (2), the trial judge shall order a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under subsection (2).

(4) Evidence of failure to make a timely complaint or immediate outcry does not raise any presumption as to the credibility of the victim.

(5) Resistance by the victim is not required to show lack of consent. Force, fear, or threat is sufficient alone to show lack of consent.
Mont. Code Ann. § 45-7-313 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-313
45-7-313 Criminal contempt of legislature
Status: in_force

45-7-313 . Criminal contempt of legislature. (1) Upon adoption of a resolution or proclamation of contempt under 5-5-113 the witness or person that is determined to be in contempt by the legislature must be charged with criminal contempt of the legislature, and convicted if the witness or person is found to have knowingly engaged in the following conduct:

(a) fails to appear as a witness;

(b) appears as a witness but neglects or refuses to testify; or

(c) fails to produce any record requested.

(2) A prosecution for criminal contempt of the legislature may only commence upon completion of the procedures set forth in 5-5-113 .

(3) A person convicted of the offense of criminal contempt of the legislature is guilty of a misdemeanor and on conviction must be fined not to exceed $1,000, or be imprisoned in the county jail for a term not to exceed 12 months, or both.
Mont. Code Ann. § 45-5-708 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-708
45-5-708 Past sexual behavior of victim
Status: in_force

45-5-708 . Past sexual behavior of victim. In a prosecution for an offense under 45-5-702 , 45-5-703 , 45-5-705 , 45-5-706 , or 45-5-711 or a civil action under 27-1-755 , evidence concerning a specific instance of the victim's past sexual behavior or reputation or opinion evidence of the victim's past sexual behavior is inadmissible unless the evidence is admitted in accordance with 45-5-511 (2) or offered by the prosecution to prove a pattern of human trafficking by the defendant.
Mont. Code Ann. § 45-8-110 — MT Code / Title 45 / Chapter 8 / Part 1 / Section 45-8-110
45-8-110 Obstructing health care facility access
Status: in_force

45-8-110 . Obstructing health care facility access. (1) A person commits the offense of obstructing health care facility access if the person knowingly obstructs, hinders, or blocks another person's entry into or exit from a health care facility. Commission of the offense includes but is not limited to knowingly approaching within 8 feet of a person who is entering or leaving a health care facility to give the person written or oral information, to display a sign, or to protest, counsel, or educate about a health issue, when the person does not consent to that activity and is within 36 feet of an entrance to or exit from the health care facility.

(2) A person convicted under this section shall be fined an amount not to exceed $100.

(3) For purposes of this section, "health care facility" means an office of a medical practitioner, as defined in 37-2-101 , or any other facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.
Mont. Code Ann. § 45-6-315 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-315
45-6-315 Defrauding creditors
Status: in_force

45-6-315 . Defrauding creditors. (1) A person commits the offense of defrauding secured creditors if the person destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest.

(2) "Security interest" means an interest in personal property or fixtures as defined in the Uniform Commercial Code, 30-1-201 (2)(jj).

(3) A person convicted of the offense of defrauding secured creditors shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(4) A person who destroys, conceals, encumbers, transfers, removes from the state, or otherwise deals with property subject to a security interest with the purpose of depriving the owner of the property or of the proceeds and value from the property may be prosecuted under 45-6-301 .
Mont. Code Ann. § 45-5-710 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-710
45-5-710 Affirmative defense
Status: in_force

45-5-710 . Affirmative defense. A person charged with prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or another nonviolent offense committed as a direct result of being a victim of human trafficking may assert an affirmative defense that the person is a victim of human trafficking.
Mont. Code Ann. § 45-6-327 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-327
45-6-327 Illegal branding or altering or obscuring of brand
Status: in_force

45-6-327 . Illegal branding or altering or obscuring of brand. (1) A person commits the offense of illegal branding or altering or obscuring a brand if the person marks or brands any commonly domesticated hoofed animal or removes, covers, alters, or defaces an existing mark or brand on any commonly domesticated hoofed animal with the purpose of obtaining or exerting unauthorized control over the animal or with the purpose of concealing, misrepresenting, transferring, or preventing identification of the animal.

(2) A person convicted of the offense of illegal branding or altering or obscuring a brand shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount of not less than $5,000 or more than $50,000, 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 .
Mont. Code Ann. § 45-6-204 — MT Code / Title 45 / Chapter 6 / Part 2 / Section 45-6-204
45-6-204 Burglary
Status: in_force

45-6-204 . Burglary. (1) A person commits the offense of burglary if the person knowingly enters or remains unlawfully in an occupied structure and:

(a) the person has the purpose to commit an offense in the occupied structure; or

(b) the person knowingly or purposely commits any other offense within that structure.

(2) A person commits the offense of aggravated burglary if the person knowingly enters or remains unlawfully in an occupied structure and:

(a) (i) the person has the purpose to commit an offense in the occupied structure; or

(ii) the person knowingly or purposely commits any other offense within that structure; and

(b) in effecting entry or in the course of committing the offense or in immediate flight after effecting entry or committing the offense:

(i) the person or another participant in the offense is armed with explosives or a weapon; or

(ii) the person purposely, knowingly, or negligently inflicts or attempts to inflict bodily injury upon anyone.

(3) A person convicted of the offense of burglary 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. A person convicted of the offense of aggravated burglary shall be imprisoned in the state prison for any term not to exceed 40 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 45-8-203 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-203
45-8-203 Certain motion picture theater employees not liable for prosecution
Status: in_force

45-8-203 . Certain motion picture theater employees not liable for prosecution. (1) (a) As used in this section, "employee" means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, has no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed.

(b) The term does not include a manager of the motion picture theater.

(2) An employee is not liable to prosecution under 45-8-201 and 45-8-206 or under any city or county ordinance for exhibiting or possessing with intent to exhibit any obscene motion picture provided the employee is acting within the scope of regular employment at a showing open to the public.
Mont. Code Ann. § 45-6-310 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-310
45-6-310 Definitions -- computer use
Status: in_force

45-6-310 . Definitions -- computer use. As used in 45-6-311 and this section, the following definitions apply:

(1) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, computer network, or electronic device.

(2) "Authorization" means a process ensuring that correctly authenticated users can access only those resources for which the owner of the resource has given the users explicit permission.

(3) "Computer" means an electronic device used to create, receive, transmit, store, or process data of any kind, or to run programs stored on hardware or software, and includes any device attached physically or connected intangibly to the computer.

(4) "Computer contaminant" means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. The term includes but is not limited to a group of computer instructions, commonly called viruses or worms, that are self-replicating or self-propagating and that are designed to contaminate other computer programs or computer data, consume computer resources, modify destroy, record, or transmit data, or in some other fashion usurp or interfere with the normal operation of the computer, computer system, or computer network.

(5) "Computer credential" means:

(a) a password, token code, or other means of limiting access; or

(b) an account, address, username, handle, avatar, or other digital representation of a person.

(6) "Computer network" means a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or any other electronic equipment that is connected to the computer systems or electronic devices by physical or wireless technologies.

(7) "Computer system" means a device or collection of devices, including support or peripheral devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including but not limited to logic, arithmetic, data storage, data retrieval, data processing, communication, or control.

(8) "Data" means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. Data may be in any form, in storage media or stored in the memory of the computer, or in transit or presented on a display device.

(9) "Electronic device" means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including but not limited to a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is actually used for that purpose.

(10) "Encrypt" means the use of any process of data encryption including but not limited to cryptography, enciphering, or encoding of data, programs, information, image, signal, sound, computer, computer networks, or other electronic devices.

(11) "Obtain the use of" means to instruct, communicate with, store data in, retrieve data from, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, or computer network or to cause another to instruct, communicate with, store data in, retrieve data from, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, or computer network.

(12) "Trade secret" has the meaning provided in 30-14-402 .
Mont. Code Ann. § 45-6-303 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-303
45-6-303 Offender's interest in the property
Status: in_force

45-6-303 . Offender's interest in the property. (1) It is no defense to a charge of theft of property that the offender has an interest therein when the owner also has an interest to which the offender is not entitled.

(2) It is no defense that theft was from the offender's spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it occurs after the parties have ceased living together.
Mont. Code Ann. § 45-7-306 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-306
45-7-306 Escape
Status: in_force

45-7-306 . Escape. (1) (a) "Official detention" means placement of a person in the legal custody of a municipality, a county, or the state as a result of:

(i) a conviction for an offense or of having been charged with an offense;

(ii) the actual or constructive restraint or custody of a person by a peace officer pursuant to arrest, transport, or court order;

(iii) detention for extradition or deportation;

(iv) placement in a community corrections facility or program;

(v) supervision while under a supervised release program;

(vi) participation in a county jail work program under 7-32-2225 through 7-32-2227 ; or

(vii) any lawful detention for the purpose of the protection of the welfare of the person detained or for the protection of society.

(b) Official detention does not include supervision of a person on probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or a weapon to escape.

(2) A person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited time. A person also commits the offense of escape if the person is participating in a county jail work program under 7-32-2225 through 7-32-2227 and knowingly or purposely fails to appear for work at a time and place scheduled for participation in the program.

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

(a) imprisoned in the state prison for a term not to exceed 20 years if the person escapes by the use or threat of force, physical violence, a weapon, or a simulated weapon;

(b) imprisoned in the state prison for a term not to exceed 10 years if the person escapes after having been charged with or convicted of a felony; or

(c) fined an amount not to exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both, if the person escapes under circumstances other than those described in subsections (3)(a) and (3)(b).
Mont. Code Ann. § 45-3-110 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-110
45-3-110 No duty to summon help or flee
Status: in_force

45-3-110 . No duty to summon help or flee. Except as provided in 45-3-105 , a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force. The provisions of this section apply to a person offering evidence of justifiable use of force under 45-3-102 , 45-3-103 , or 45-3-104 .
Mont. Code Ann. § 45-8-358 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-358
45-8-358 Regulation of firearms prohibited for certain people -- exceptions
Status: in_force

45-8-358 . Regulation of firearms prohibited for certain people -- exceptions. (1) Except as provided in subsection (2), the board of regents and any unit of the university system may not regulate, restrict, or place an undue burden on the possession, transportation, or storage of firearms on or within university system property by a person eligible to possess a firearm under state or federal law and meeting the minimum safety and training requirements in 45-8-321 (3).

(2) The board of regents or a unit of the university system may prohibit or regulate the following:

(a) the discharge of a firearm on or within university system property unless the discharge is done in self-defense;

(b) the removal of a firearm from a gun case or holster unless the removal is done in self-defense or within the domicile on campus of the lawful possessor of the firearm;

(c) the pointing of a firearm at another person unless the lawful possessor is acting in self-defense;

(d) the carrying of a firearm outside of a domicile on campus unless the firearm is within a case or holster;

(e) the failure to secure a firearm with a locking device whenever the firearm is not in the possession of or under the immediate control of the lawful possessor of the firearm;

(f) the possession or storage of a firearm in an on-campus dormitory or housing unit without the express permission of any roommate of the lawful possessor of the firearm;

(g) the possession or storage of a firearm by any individual who has a history of adjudicated university system discipline arising out of the individual's interpersonal violence or substance abuse;

(h) the possession of a firearm at an event on campus where campus authorities have authorized alcohol to be served and consumed; and

(i) the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site.
Mont. Code Ann. § 45-2-103 — MT Code / Title 45 / Chapter 2 / Part 1 / Section 45-2-103
45-2-103 General requirements of criminal act and mental state
Status: in_force

45-2-103 . General requirements of criminal act and mental state. (1) Except for deliberate homicide as defined in 45-5-102 (1)(b) or an offense that involves absolute liability, a person is not guilty of an offense unless, with respect to each element described by the statute defining the offense, a person acts while having one of the mental states of knowingly, negligently, or purposely.

(2) In deliberate homicide under 45-5-102 (1)(b), the offender must act while having the mental state of purposely or knowingly only as to the underlying felony referred to in 45-5-102 (1)(b).

(3) The existence of a mental state may be inferred from the acts of the accused and the facts and circumstances connected with the offense.

(4) If the statute defining an offense prescribes a particular mental state with respect to the offense as a whole without distinguishing among the elements of the offense, the prescribed mental state applies to each element.

(5) Knowledge that certain conduct constitutes an offense or knowledge of the existence, meaning, or application of the statute defining an offense is not an element of the offense unless the statute clearly defines it as an element.

(6) A person's reasonable belief that the person's conduct does not constitute an offense is a defense if:

(a) the offense is defined by an administrative regulation or order that is not known to the person and has not been published or otherwise made reasonably available to the person and if the person could not have acquired the knowledge by the exercise of due diligence pursuant to facts known to the person;

(b) the person acts in reliance upon a statute that later is determined to be invalid;

(c) the person acts in reliance upon an order or opinion of the Montana supreme court or a United States appellate court later overruled or reversed; or

(d) the person acts in reliance upon an official interpretation of the statute, regulation, or order defining the offense made by a public officer or agency legally authorized to interpret the statute.

(7) If a person's reasonable belief is a defense under subsection (6), nevertheless the person may be convicted of an included offense of which the person would be guilty if the law were as the person believed it to be.

(8) A defense based upon this section is an affirmative defense.
Mont. Code Ann. § 45-8-361 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-361
45-8-361 Possession or allowing possession of weapon in school building -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions
Status: in_force

45-8-361 . Possession or allowing possession of weapon in school building -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions. (1) A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building.

(2) A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a weapon in a school building.

(3) (a) Subsection (1) does not apply to law enforcement personnel or to a school marshal in the school district where the school marshal is contracted or employed.

(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or store a weapon in a school building.

(4) (a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to incarceration that are available in the community.

(b) (i) A weapon in violation of this section may be seized and, upon conviction of the person possessing or permitting possession of the weapon, may be forfeited to the state or returned to the lawful owner.

(ii) If a weapon seized under the provisions of this section is subsequently determined to have been stolen or otherwise taken from the owner's possession without permission, the weapon must be returned to the lawful owner.

(5) As used in this section:

(a) "school building" means all buildings owned or leased by a local school district that are used for instruction or for student activities. The term does not include a home school provided for in 20-5-109 .

(b) "weapon" means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a straight razor, a throwing star, nun-chucks, or brass or other metal knuckles. The term also includes any other article or instrument possessed with the purpose to commit a criminal offense.
Mont. Code Ann. § 45-6-319 — MT Code / Title 45 / Chapter 6 / Part 3 / Section 45-6-319
45-6-319 Chain distributor schemes
Status: in_force

45-6-319 . Chain distributor schemes. (1) As used in this section, the following definitions apply:

(a) "Chain distributor scheme" means a sales device whereby a person, under a condition that the person make an investment, is granted a license or right to recruit for consideration one or more additional persons who are also granted a license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted a license or right upon the condition.

(b) "Person" means a natural person, corporation, partnership, trust, or other entity and, in the case of an entity, includes any other entity that has a majority interest in the entity or effectively controls the other entity as well as the individual officers, directors, and other persons in act of control of the activities of each entity.

(2) It is unlawful for a person to promote, sell, or encourage participation in any chain distributor scheme.

(3) A person violating the provisions of this section shall, upon conviction, be imprisoned in the state prison for a period not to exceed 1 year or be fined not to exceed $1,000, or both.

(4) A person convicted of a second offense under this section shall be imprisoned in the state prison for a period not to exceed 5 years or be fined not to exceed $5,000, or both.
Mont. Code Ann. § 45-3-111 — MT Code / Title 45 / Chapter 3 / Part 1 / Section 45-3-111
45-3-111 Openly carrying weapon -- display
Status: in_force

45-3-111 . Openly carrying weapon -- display. (1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.

(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.
Mont. Code Ann. § 45-5-802 — MT Code / Title 45 / Chapter 5 / Part 8 / Section 45-5-802
45-5-802 Abuse, sexual abuse, or neglect of vulnerable adult -- penalties
Status: in_force

45-5-802 . Abuse, sexual abuse, or neglect of vulnerable adult -- penalties. (1) Except as provided in subsection (3), a person who purposely or knowingly abuses, sexually abuses, or neglects a vulnerable adult is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.

(2) (a) Except as provided in subsection (3)(a), a person who negligently abuses a vulnerable adult is, on a first conviction, guilty of a misdemeanor and 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 or subsequent conviction of the conduct described in subsection (2)(a), the person is guilty of a felony and shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(3) (a) A person who causes personal degradation to a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy is, on a first conviction, guilty of a misdemeanor and 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.

(b) On a second or subsequent conviction of the conduct described in subsection (3)(a), the person is guilty of a felony and shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(c) A person 18 years of age or older who has a developmental disability as defined in 53-20-102 may not be charged under subsections (2) and (3) of this section.
Mont. Code Ann. § 45-7-308 — MT Code / Title 45 / Chapter 7 / Part 3 / Section 45-7-308
45-7-308 Bail-jumping
Status: in_force

45-7-308 . Bail-jumping. (1) A person commits the offense of bail-jumping if, having been set at liberty by court order, with or without security, upon condition that the person will subsequently appear at a specified time and place, the person purposely fails without lawful excuse to appear at that time and place.

(2) This section may not interfere with the exercise by any court of its power to punish for contempt.

(3) This section does not apply to a person set at liberty by court order upon condition that the person will appear in connection with a charge of having committed a misdemeanor, except that it applies when the judge has released the defendant on the defendant's own recognizance.

(4) A person convicted of bail-jumping in connection with a felony shall be imprisoned in the state prison for a term not to exceed 10 years. In all other cases, the person 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. § 45-5-213 — MT Code / Title 45 / Chapter 5 / Part 2 / Section 45-5-213
45-5-213 Assault with weapon
Status: in_force

45-5-213 . Assault with weapon. (1) A person commits the offense of assault with a weapon if the person purposely or knowingly causes:

(a) bodily injury to another with a weapon; or

(b) reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.

(2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.

(b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206 , the person is required to pay for and complete a counseling assessment as required in 45-5-206 (4).
Mont. Code Ann. § 45-5-705 — MT Code / Title 45 / Chapter 5 / Part 7 / Section 45-5-705
45-5-705 Patronizing victim of sex trafficking
Status: in_force

45-5-705 . Patronizing victim of sex trafficking. (1) A person commits the offense of patronizing a victim of sex trafficking if the person purposely or knowingly gives, agrees to give, or offers to give anything of value so that a person may engage in commercial sexual activity that involves sexual contact that is direct and not through clothing with another person who the person knows or reasonably should have known is a victim of sex trafficking.

(2) Except as provided in subsection (3), a person convicted of the offense of patronizing a victim of sex trafficking shall:

(a) for the first offense, be imprisoned in the state prison for a term of not more than 15 years, fined in the amount of $400,000, or both; or

(b) for a second or subsequent offense, be imprisoned in the state prison for a term of not less than 2 years or more than 15 years, fined in the amount of $400,000, or both.

(3) (a) If the individual patronized was a child and the patron was 18 years of age or older, a person convicted of the offense of patronizing a victim of sex trafficking, whether or not the person believed the child was an adult:

(i) 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 (3)(a)(i) except as provided in 46-18-222 , and during the first 25 years of imprisonment the offender is not eligible for parole.

(ii) shall be fined in the amount of $400,000; and

(iii) must 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 .

(4) 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 that the child was an adult. Absolute liability, as provided in 45-2-104 , is imposed.
Mont. Code Ann. § 45-6-102 — MT Code / Title 45 / Chapter 6 / Part 1 / Section 45-6-102
45-6-102 Negligent arson
Status: in_force

45-6-102 . Negligent arson. (1) A person commits the offense of negligent arson if the person purposely or knowingly starts a fire or causes an explosion, whether on the person's own property or property of another, and thereby negligently:

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

(b) places property of another in danger of damage or destruction.

(2) A person convicted of the offense of negligent arson shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender places another person in danger of death or bodily injury, the offender shall be fined 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. § 45-8-211 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-211
45-8-211 Cruelty to animals -- exceptions
Status: in_force

45-8-211 . Cruelty to animals -- exceptions. (1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:

(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;

(b) carrying or confining the animal in a cruel manner;

(c) failing to provide an animal in the person's custody with:

(i) food and water of sufficient quantity and quality to sustain the animal's normal health;

(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;

(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;

(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or

(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.

(2) (a) A person convicted of the offense of cruelty to animals 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. A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.

(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.

(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.

(3) In addition to the sentence provided in subsection (2), the court:

(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;

(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and

(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.

(4) This section does not prohibit:

(a) a person humanely destroying an animal for just cause;

(b) the use of commonly accepted agricultural and livestock practices on livestock;

(c) rodeo activities that meet humane standards of the professional rodeo cowboys association;

(d) lawful fishing, hunting, and trapping activities;

(e) lawful wildlife management practices;

(f) lawful scientific or agricultural research or teaching that involves the use of animals;

(g) services performed by a licensed veterinarian;

(h) lawful control of rodents and predators and other lawful animal damage control activities; or

(i) accepted training and discipline methods.
Mont. Code Ann. § 45-8-324 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-324
45-8-324 Appeal
Status: in_force

45-8-324 . Appeal. The denial or revocation of a permit to carry a concealed weapon or refusal of a renewal is subject to appeal to the district court, which may consider and determine facts as well as law and which is not bound by any factual, legal, or other determination of the sheriff, and from that court to the Montana supreme court. To the extent applicable, Title 25, chapter 33, governs the appeal.
Mont. Code Ann. § 45-8-316 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-316
45-8-316 Carrying concealed firearms -- exemption
Status: in_force

45-8-316 . Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.

(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both.

(3) This section does not apply to a person eligible to possess a firearm under state or federal law.
Mont. Code Ann. § 45-8-372 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-372
45-8-372 Legislative intent
Status: in_force

45-8-372 . Legislative intent. It is the intent of the legislature to:

(1) ensure that firearms manufacturers and sellers are not unfairly held liable for the criminal misuse of their products;

(2) clarify and tighten the scope of the predicate exception to prevent its misuse and maintain the intended protections in the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq.; and

(3) define the circumstances under which negligent marketing claims can be pursued in this state, ensuring the claims are based on clear and concrete statutory violations specific to firearm sales and marketing.
Mont. Code Ann. § 45-8-220 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-220
45-8-220 Criminal invasion of personal privacy
Status: in_force

45-8-220 . Criminal invasion of personal privacy. (1) Except as provided in subsection (2), a person commits the offense of invasion of personal privacy if the person knowingly or purposely obtains or attempts to obtain personal or confidential information about an individual while posing as the individual. A person convicted under this section shall be incarcerated for a term not to exceed 1 year or fined an amount not to exceed $10,000, or both.

(2) Subsection (1) does not apply to a person who poses as another individual with the express consent of that other individual.
Mont. Code Ann. § 45-8-365 — MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-365
45-8-365 Short title
Status: in_force

45-8-365 . Short title. Sections 45-8-365 through 45-8-368 may be cited as the "Montana Federal Firearm, Magazine, and Ammunition Ban Enforcement Prohibition Act".
Mont. Code Ann. § 45-8-215 — MT Code / Title 45 / Chapter 8 / Part 2 / Section 45-8-215
45-8-215 Desecration of flags
Status: in_force

45-8-215 . Desecration of flags. (1) In this section, the term "flag" means anything that is or purports to be the official flag of the United States, the United States shield, the United States coat of arms, the Montana state flag, or a copy, picture, or representation of any of the described articles.

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

(a) publicly mutilates, defiles, or casts contempt upon the flag;

(b) places on or attaches to the flag any work, mark, design, or advertisement not properly a part of the flag or exposes to public view a flag so altered;

(c) manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or

(d) uses the flag for commercial advertising purposes.

(3) A person convicted of the offense of desecration of flags 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.

(4) This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry if there are not unauthorized words or designs on the flags and if the flag is not connected with any advertisement.