reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 13. Special Law Enforcement Assistance Funding › Part 1. Special Law Enforcement Assistance Account › 44-13-102. Federal forfeitures deposited in account

44-13-102. Federal forfeitures deposited in account.
Except as provided in 46-23-1032, property and money forfeited under federal law and provided to the state by the federal government to support state and local law enforcement programs must be deposited to the special law enforcement assistance account established in 44-13-101. An amount up to $125,000 each fiscal year is statutorily appropriated, as provided in 17-7-502, to the attorney general for the support of state and local law enforcement programs. Any expenditure in excess of $125,000 each fiscal year requires approval through budget amendment, as provided in Title 17, chapter 7, part 4.
History: En. Sec. 2, Ch. 625, L. 1985; amd. Sec. 3, Ch. 690, L. 1991; amd. Sec. 2, Ch. 219, L. 1995.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 13. Special Law Enforcement Assistance Funding › Part 1. Special Law Enforcement Assistance Account › 44-13-103. Limitations on use of special law enforcement assistance account

44-13-103. Limitations on use of special law enforcement assistance account.
(1) After property is credited to the account, the attorney general may:
(a) transfer the property to any local or state law enforcement agency to be used for criminal investigation purposes;
(b) sell the property by public sale;
(c) destroy any illegal or controlled substances and sell or destroy raw materials, products, and equipment used or intended for use in manufacturing, compounding, or processing a controlled substance;
(d) compromise and pay claims against the property; and
(e) make any other disposition of the property authorized by law.
(2) Money and proceeds from property credited to the account may be used by the attorney general for:
(a) the payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell seized, detained, or forfeited property, including but not limited to payment for contract services and reimbursement to a federal, state, or local agency for its expenses;
(b) the payment of awards for information or assistance leading to a criminal proceeding or a civil forfeiture proceeding;
(c) the compromise and payment of claims against property;
(d) the payment of sums for criminal investigation purposes, including but not limited to:
(i) payment of informants;
(ii) use by undercover agents to purchase unlawful substances, including, without limitation, counterfeit or real controlled substances, pornographic materials, stolen property, or other contraband;
(iii) use by undercover agents as gambling front money; and
(iv) payment of overtime to state or local law enforcement officers when engaged in special criminal investigations;
(e) the payment for services for victims of crimes as provided in Title 53, chapter 9, part 1; and
(f) matching federal grants for criminal investigation purposes.
History: En. Sec. 3, Ch. 625, L. 1985; amd. Sec. 1, Ch. 206, L. 1987; amd. Sec. 36, Ch. 112, L. 1991; amd. Sec. 33, Ch. 349, L. 1993; amd. Sec. 65, Ch. 545, L. 1995; amd. Sec. 1, Ch. 118, L. 2001.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 14. Disposition of Property › Part 1. Disposition of Unclaimed Personal Property › 44-14-101. Disposition of property held by state public safety officer -- rulemaking

44-14-101. Disposition of property held by state public safety officer -- rulemaking.
(1) A state agency that employs a public safety officer may adopt administrative rules to provide for the care, restitution, sale, donation, return, or destruction of unclaimed tangible personal property that may come into the possession of the agency or a public safety officer employed by the agency for which state law does not otherwise provide a procedure for disposition.
(2) At a minimum, the ordinance or resolution must provide:
(a) that unclaimed property valued at $20 or more must be held by the state agency for a period of at least 3 months;
(b) a process by which the state agency shall attempt to notify the legal owner of unclaimed property held in its possession;
(c) a process by which the state agency may allow a finder of unclaimed personal property to take possession of that property if it remains unclaimed;
(d) that unclaimed property will be destroyed as allowed or required by local, state, or federal law, returned to the finder, donated, or otherwise sold at public auction to the highest bidder;
(e) that, at least 10 days prior to the time fixed for the destruction, return, donation, or sale at public auction of unclaimed property, notice of the planned disposal must be given by publication one time in a newspaper of general circulation; and
(f) that, upon proof of legal ownership, the state agency shall restore the unclaimed property to its legal owner.
(3) After property has been destroyed, returned, donated, or sold at public auction, the property or the value of the property is not redeemable by the owner or another person entitled to possession.
(4) For the purposes of this section, "public safety officer" has the meaning provided in 44-4-401.
History: En. Sec. 2, Ch. 295, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-102. Purpose

44-15-102. Purpose.
(1) Except as provided in subsection (2), the purpose of this part is to prohibit the use of facial recognition technology for continuous facial surveillance or facial identification by state and local government agencies and law enforcement agencies.
(2) It is the intent of the legislature to provide state and local government agencies the guidelines to use, or contract with third parties to use on their behalf, facial verification and to provide law enforcement agencies the ability to use facial recognition technology for investigations of serious crimes.
History: En. Sec. 2, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-104. Prohibition of continuous facial surveillance

44-15-104. Prohibition of continuous facial surveillance.
(1) A state or local government agency, law enforcement agency, public employee, or public official may not obtain, retain, possess, access, request, contract for, or use continuous facial surveillance.
(2) The use of facial recognition technology for facial verification, including any resulting data, may not be used to aid or assist in any type of continuous facial surveillance.
History: En. Sec. 4, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-105. Prohibition of facial recognition technology

44-15-105. Prohibition of facial recognition technology.
(1) Except as provided in 44-15-106 and 44-15-108, a state or local government agency, law enforcement agency, public employee, or public official may not:
(a) obtain, retain, possess, access, request, or use facial recognition technology or information derived from a search using facial recognition technology;
(b) enter into an agreement with a third-party vendor for any purpose listed in subsection (1)(a); or
(c) install or equip a continuous facial surveillance monitoring camera on public buildings or on public roads and highways of this state, except as provided in 46-5-117.
(2) The motor vehicle division may not establish a digital driver's license program that utilizes facial recognition technology without the consent of the legislature.
History: En. Sec. 5, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-107. Disclosure to criminal defendants

44-15-107. Disclosure to criminal defendants.
(1) A law enforcement agency or the department shall disclose the use of facial recognition technology on a criminal defendant to that defendant in a timely manner prior to trial.
(2) Discovery of an application, affidavit, or court order relating to the use of facial recognition and any documents related to the use or request for use of facial recognition technology, if any, are subject to the provisions in Title 46, chapter 15.
(3) Data derived from the use of facial recognition technology in violation of this part:
(a) must be considered unlawfully obtained and, except as otherwise provided by law, must be deleted on discovery; and
(b) is inadmissible in evidence in a proceeding in or before a public official, department, regulatory body, court, or authority.
History: En. Sec. 7, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-108. Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption

44-15-108. Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption.
(1) A state or local government agency may use, or contract with a third-party vendor for the use of, facial verification if the state or local government agency first provides a written use and privacy policy regarding facial recognition technology. The written policy must include, at a minimum:
(a) the specific purpose for facial verification by the state or local government agency;
(b) the length of term for which facial biometric data is being collected or stored; and
(c) notice that facial biometric data may not be collected on an individual without prior written consent by the individual.
(2) The state or local government agency must include an option for access to services without the use of facial verification.
(3) A third-party vendor who is contracted with a state or local government agency shall provide a copy of its written policies in accordance with 44-15-109 for use with the notice requirement outlined in subsection (1).
(4) A state or local government agency shall report the use of facial recognition technology pursuant to subsection (1) to the information technology board created in 2-15-1021.
(5) This part does not apply to a state or local government agency that uses facial verification in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport or other port.
History: En. Sec. 8, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-110. Meaningful human review -- policy

44-15-110. Meaningful human review -- policy.
A state or local government agency using a facial recognition service without a third-party vendor shall establish a policy that:
(1) ensures best quality results by following all guidance provided by the developer of the facial recognition service; and
(2) outlines training protocol for all individuals who operate a facial recognition service or who process personal data obtained from the use of a facial recognition service. The training must include but is not limited to coverage of:
(a) the capabilities and limitations of the facial recognition service;
(b) procedures to interpret and act on the output of the facial recognition service; and
(c) to the extent applicable, the meaningful human review requirement for decisions that produce legal effects concerning individuals.
History: En. Sec. 10, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-111. Audit -- reporting

44-15-111. Audit -- reporting.
(1) The criminal intelligence information section shall adopt an audit process to ensure that facial recognition technology is only used for legitimate law enforcement purposes, including audits of uses or requests made by law enforcement agencies.
(2) By June 30 of each year, a local law enforcement agency that utilized facial recognition technology shall submit a report to the criminal intelligence information section established in 44-5-501 containing all of the following information based on data from the previous calendar year:
(a) the number of facial recognition searches run;
(b) the offenses that the searches were used to investigate; and
(c) the number of arrests and convictions that resulted from the searches.
(3) By September 1 of each year, in accordance with 5-11-210, the department of justice shall submit a report to the economic affairs interim committee and the law and justice interim committee containing all the following information based on data from the previous calendar year:
(a) the information submitted to the department of justice pursuant to subsection (2);
(b) the names of the law enforcement agencies and other entities requesting facial recognition services;
(c) the number of searches run;
(d) the offenses that the searches were used to investigate; and
(e) the number of arrests and convictions that resulted from the searches.
(4) (a) By June 30 of each year, a third-party vendor providing facial recognition services to a state agency because of a contract under 44-15-108 shall submit a report to the state agency containing all the following information based on data from the previous calendar year:
(i) the number of warrants, subpoenas, or court orders received requesting facial recognition services; and
(ii) a summary of an audit completed by the third-party vendor.
(b) The state agency receiving the report from the third-party vendor shall submit a copy of the report to the economic affairs interim committee, the law and justice interim committee, and the information technology board created in 2-15-1021, by September 1 of each year, in accordance with 5-11-210.
History: En. Sec. 11, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-112. Penalty

44-15-112. Penalty.
(1) A violation of this part constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction to enforce this part.
(2) A person who has been subjected to facial recognition technology in violation of this part or about whom information has been obtained, retained, accessed, or used in violation of this part may institute proceedings in a court of competent jurisdiction.
(3) A public employee or public official who, in the performance of their official duties, violates this part may be subject to disciplinary action, including but not limited to retraining, suspension, or termination, subject to the requirements of due process and of an applicable collective bargaining agreement.
(4) A prevailing party may recover for each violation:
(a) against an entity that negligently violates a provision of this part, $1,000 or actual damages, whichever is greater;
(b) against an entity that intentionally or recklessly violates a provision of this part, $5,000 or actual damages, whichever is greater;
(c) against an entity that negligently violates a provision of 44-15-104 or 44-15-105, $5,000 or actual damages, whichever is greater;
(d) against an entity that intentionally or recklessly violates a provision of 44-15-104 or 44-15-105, $10,000 or actual damages, whichever is greater;
(e) reasonable attorney fees and costs, including expert witness fees and other litigation expenses; and
(f) other relief, including an injunction, as the court may consider appropriate.
(5) The attorney general may bring an action to enforce this part. In an action brought by the attorney general, a violation of this part is subject to a civil penalty of $10,000 or actual damages, whichever is greater, for each violation.
(6) Nothing in this section limits the rights under state or federal law of a person injured or aggrieved by a violation of this section.
History: En. Sec. 12, Ch. 781, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 1. General Preliminary Provisions › Part 1. Construction and Applicability › 45-1-101. Short title

45-1-101. Short title.
This title shall be known and may be cited as the "Criminal Code of 1973".
History: En. 94-1-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-101.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 1. General Preliminary Provisions › Part 1. Construction and Applicability › 45-1-102. General purposes and principles of construction

45-1-102. General purposes and principles of construction.
(1) The general purposes of the provisions governing the definition of offenses are:
(a) to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or public interests;
(b) to safeguard conduct that is without fault from condemnation as criminal;
(c) to give fair warning of the nature of the conduct declared to constitute an offense;
(d) to differentiate on reasonable grounds between serious and minor offenses.
(2) The rule of the common law that penal statutes are to be strictly construed has no application to this code. All its provisions are to be construed according to the fair import of their terms with a view to effect its object and to promote justice.
History: En. 94-1-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-102.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 1. General Preliminary Provisions › Part 1. Construction and Applicability › 45-1-103. Application to offenses committed before and after enactment

45-1-103. Application to offenses committed before and after enactment.
(1) The provisions of this code apply to any offense defined in this code and committed after January 1, 1974.
(2) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this title and Title 46 govern the construction of and punishment for any offense defined outside of this code and committed after January 1, 1974, as well as the construction and application of any defense to a prosecution for such an offense.
(3) The provisions of this code do not apply to any offense defined outside of this code and committed before January 1, 1974. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted.
History: En. 94-1-103 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 7, Ch. 359, L. 1977; R.C.M. 1947, 94-1-103.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 1. General Preliminary Provisions › Part 1. Construction and Applicability › 45-1-104. Other limitations on applicability

45-1-104. Other limitations on applicability.
(1) This code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered, and the civil injury is not merged into the offense.
(2) No conduct constitutes an offense unless it is described as an offense in this code or in another statute of this state. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree.
History: En. 94-1-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-104.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 1. General Preliminary Provisions › Part 2. Classification and Limitations › 45-1-201. Classification of offenses

45-1-201. Classification of offenses.
(1) For the determination of the court's jurisdiction at the commencement of the action and for the determination of the commencement of the period of limitations, the offense shall be designated a felony or misdemeanor based upon the maximum potential sentence which could be imposed by statute.
(2) An offense defined by any statute of this state other than this code shall be classified as provided in this section, and the sentence that may be imposed upon conviction thereof shall be governed by this title and Title 46.
History: En. 94-1-105 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 8, Ch. 359, L. 1977; R.C.M. 1947, 94-1-105.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 1. General Preliminary Provisions › Part 2. Classification and Limitations › 45-1-206. Periods excluded from limitation

45-1-206. Periods excluded from limitation.
The period of limitation does not run during:
(1) any period in which the offender is not usually and publicly resident within this state or is beyond the jurisdiction of this state;
(2) any period in which the offender is a public officer and the offense charged is theft of public funds while in public office; or
(3) a prosecution pending against the offender for the same conduct, even if the indictment, complaint, or information which commences the prosecution is dismissed.
History: En. 94-1-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-107.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 1. Definitions and State of Mind › 45-2-102. Substitutes for negligence and knowledge

45-2-102. Substitutes for negligence and knowledge.
When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts purposely or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts purposely.
History: En. 94-2-110 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-110.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 1. Definitions and State of Mind › 45-2-103. General requirements of criminal act and mental state

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.
History: En. 94-2-103 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 11, Ch. 359, L. 1977; R.C.M. 1947, 94-2-103; amd. Sec. 1, Ch. 580, L. 1979; amd. Sec. 5, Ch. 485, L. 1981; amd. Sec. 2, Ch. 610, L. 1987; amd. Sec. 9, Ch. 354, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 1. Definitions and State of Mind › 45-2-104. Absolute liability

45-2-104. Absolute liability.
A person may be guilty of an offense without having, as to each element of the offense, one of the mental states of knowingly, negligently, or purposely only if the offense is punishable by a fine not exceeding $500 or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.
History: En. 94-2-104 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 12, Ch. 359, L. 1977; R.C.M. 1947, 94-2-104; amd. Sec. 6, Ch. 485, L. 1981; amd. Sec. 1, Ch. 350, L. 1987; amd. Sec. 10, Ch. 354, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-201. Causal relationship between conduct and result

45-2-201. Causal relationship between conduct and result.
(1) Conduct is the cause of a result if:
(a) without the conduct the result would not have occurred; and
(b) any additional causal requirements imposed by the specific statute defining the offense are satisfied.
(2) If purposely or knowingly causing a result is an element of an offense and the result is not within the contemplation or purpose of the offender, either element can nevertheless be established if:
(a) the result differs from that contemplated only in the respect that a different person or different property is affected or that the injury or harm caused is less than contemplated; or
(b) the result involves the same kind of harm or injury as contemplated but the precise harm or injury was different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense.
(3) If negligently causing a particular result is an element of an offense and the result is not within the risk of which the offender is aware or should be aware, either element can nevertheless be established if:
(a) the actual result differs from the probable result only in the respect that a different person or different property is affected or that the actual injury or harm is less; or
(b) the actual result involves the same kind of injury or harm as the probable result, unless the actual result is too remote or accidental to have a bearing on the offender's liability or on the gravity of the offense.
History: En. 94-2-105 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-105.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-202. Voluntary act

45-2-202. Voluntary act.
A material element of every offense is a voluntary act, which includes an omission to perform a duty that the law imposes on the offender and that the offender is physically capable of performing, except for deliberate homicide under 45-5-102(1)(b) for which there must be a voluntary act only as to the underlying felony. Possession is a voluntary act if the offender knowingly procured or received the thing possessed or was aware of the offender's control of the thing for a sufficient time to have been able to terminate control.
History: En. 94-2-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-102; amd. Sec. 3, Ch. 610, L. 1987; amd. Sec. 1635, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-203. Responsibility -- intoxicated condition

45-2-203. Responsibility -- intoxicated condition.
A person who is in an intoxicated condition is criminally responsible for the person's conduct, and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant proves that the defendant did not know that it was an intoxicating substance when the defendant consumed, smoked, sniffed, injected, or otherwise ingested the substance causing the condition.
History: En. 94-2-109 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 53, Ch. 329, L. 1974; R.C.M. 1947, 94-2-109; amd. Sec. 1, Ch. 251, L. 1987; amd. Sec. 1636, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-204. Liability of firefighters

45-2-204. Liability of firefighters.
(1) A firewarden, firefighter, or officer or employee of a state or governmental fire agency is not criminally liable for acts or omissions while fighting fires other than acts or omissions committed with demonstrable criminal intent.
(2) For the purposes of this section, "governmental fire agency" means a fire protection entity organized under Title 7, chapter 33.
History: En. Sec. 1, Ch. 464, L. 2007.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-211. Consent as defense

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.
History: En. 94-2-111 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 13, Ch. 359, L. 1977; R.C.M. 1947, 94-2-111; amd. Sec. 7, Ch. 161, L. 2015; amd. Sec. 1, Ch. 308, L. 2019; amd. Sec. 8, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-212. Compulsion

45-2-212. Compulsion.
A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that the person performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if the person reasonably believes that death or serious bodily harm will be inflicted upon the person if the person does not perform the conduct.
History: En. 94-3-110 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-110; amd. Sec. 1637, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 2. Other Factors Affecting Individual Liability › 45-2-213. Entrapment

45-2-213. Entrapment.
A person is not guilty of an offense if the person's conduct is incited or induced by a public servant or a public servant's agent for the purpose of obtaining evidence for the prosecution of the person. However, this section is inapplicable if a public servant or a public servant's agent merely affords to the person the opportunity or facility for committing an offense in furtherance of criminal purpose that the person has originated.
History: En. 94-3-111 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-111; amd. Sec. 1638, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 3. Liability for Acts Committed by or for Another › 45-2-301. Accountability for conduct of another

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.
History: En. 94-2-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-106; amd. Sec. 1639, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 3. Liability for Acts Committed by or for Another › 45-2-302. When accountability exists

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.
History: En. 94-2-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-107; amd. Sec. 1640, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 3. Liability for Acts Committed by or for Another › 45-2-303. Separate conviction of person accountable

45-2-303. Separate conviction of person accountable.
A person who is legally accountable for the conduct of another that is an element of an offense may be convicted upon proof that the offense was committed and that the person was accountable although the other person claimed to have committed the offense has not been prosecuted or convicted, has been convicted of a different offense, is not amenable to justice, or has been acquitted.
History: En. 94-2-108 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-108; amd. Sec. 1641, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 3. Liability for Acts Committed by or for Another › 45-2-311. Criminal responsibility of corporations

45-2-311. Criminal responsibility of corporations.
(1) A corporation may be prosecuted for the commission of an offense only if:
(a) the offense is a misdemeanor, is defined by 45-5-204, 45-6-315, 45-6-317, 45-6-318, 45-6-326, 45-8-113, 45-8-114, 45-8-212, 45-8-214, 82-1-201, or 82-10-104, or is defined by another statute that clearly indicates a legislative purpose to impose liability on a corporation and an agent of the corporation performs the conduct that is an element of the offense while acting within the scope of the agent's office or employment and in behalf of the corporation, except that any limitation in the defining statute concerning the corporation's accountability for certain agents or under certain circumstances is applicable; or
(b) the commission of the offense is authorized, requested, commanded, or performed by the board of directors or by a high managerial agent who is acting within the scope of that agent's employment in behalf of the corporation.
(2) A corporation's proof that the high managerial agent having supervisory responsibility over the conduct that is the subject matter of the offense exercised due diligence to prevent the commission of the offense is a defense to a prosecution for any offense to which subsection (1)(a) refers, other than an offense for which absolute liability is imposed. This subsection is inapplicable if the legislative purpose of the statute defining the offense is inconsistent with the provisions of this subsection.
(3) For the purposes of this section:
(a) "agent" means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation;
(b) "high managerial agent" means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees in a managerial capacity.
History: En. 94-2-112 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-112; amd. Sec. 2, Ch. 582, L. 1983; amd. Sec. 2, Ch. 365, L. 1985; amd. Sec. 193, Ch. 42, L. 1997; amd. Sec. 3, Ch. 400, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 2. General Principles of Liability › Part 3. Liability for Acts Committed by or for Another › 45-2-312. Accountability for conduct of corporation

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.
History: En. 94-2-113 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-113; amd. Sec. 1642, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-101. Definitions

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.
History: En. 94-3-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-101.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-102. Use of force in defense of person

45-3-102. Use of force in defense of person.
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 for self-defense or the defense of another against the other person's imminent use of unlawful force. 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 imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.
History: En. 94-3-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-102; amd. Sec. 1643, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-103. Use of force in defense of occupied structure

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.
History: En. 94-3-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-103; amd. Sec. 1644, Ch. 56, L. 2009; amd. Sec. 4, Ch. 332, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-104. Use of force in defense of other property

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.
History: En. 94-3-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-104; amd. Sec. 1645, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-105. Use of force by aggressor

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.
History: En. 94-3-105 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-105; amd. Sec. 1646, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-106. Use of force to prevent escape

45-3-106. Use of force to prevent escape.
(1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.
(2) A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.
History: En. 94-3-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-106; amd. Sec. 1647, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-107. Use of force by parent, guardian, or teacher

45-3-107. Use of force by parent, guardian, or teacher.
A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil.
History: En. 94-3-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-107; amd. Sec. 1648, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-108. Use of force in resisting arrest

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.
History: En. 94-3-108 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-108; amd. Sec. 1649, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-109. Execution of death sentence

45-3-109. Execution of death sentence.
A person who puts a person to death pursuant to a sentence of a court of competent jurisdiction is justified if the person acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.
History: En. 94-3-109 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-109; amd. Sec. 3, Ch. 411, L. 1983; amd. Sec. 1650, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-110. No duty to summon help or flee

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.
History: En. Sec. 1, Ch. 332, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-111. Openly carrying weapon -- display

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.
History: En. Sec. 2, Ch. 332, L. 2009; amd. Sec. 8, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-112. Investigation of alleged offense involving claim of justifiable use of force

45-3-112. Investigation of alleged offense involving claim of justifiable use of force.
When an investigation is conducted by a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be conducted so as to disclose all evidence, including testimony concerning the alleged offense and that might support the apparent or alleged justifiable use of force.
History: En. Sec. 3, Ch. 332, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-115. Affirmative defense

45-3-115. Affirmative defense.
A defense of justifiable use of force based on the provisions of this part is an affirmative defense.
History: En. 94-3-112 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-112.