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A plain-language overview of key Montana statutes. For full legal text, always consult the official Montana Code Annotated (MCA).
Title 45 — Montana Code Annotated
Purposely or knowingly causing bodily injury to another person. Simple assault is a misdemeanor. Aggravated assault (with a weapon or serious bodily injury) is a felony punishable by up to 20 years.
Deliberate homicide (first degree murder) carries a sentence of death or life imprisonment. Mitigated deliberate homicide and negligent homicide carry lesser penalties depending on intent and circumstances.
Theft of property under $1,500 is a misdemeanor. Over $1,500 is a felony. Grand theft of property over $5,000 carries up to 10 years imprisonment. Motor vehicle theft is always a felony.
Entering or remaining in an occupied structure with intent to commit a crime is burglary (felony, up to 20 years). Aggravated burglary involving a weapon carries up to 40 years.
Possession of dangerous drugs varies by schedule. Possession of up to 60g of marijuana is a misdemeanor; over that amount or intent to distribute is a felony. Trafficking controlled substances carries up to life imprisonment depending on the substance.
Operating a vehicle with a BAC of 0.08% or higher (0.04% for CDL holders). First offense is a misdemeanor with a minimum 24-hour jail term. Repeat offenses escalate to felonies. Aggravated DUI (BAC ≥ 0.16%) carries enhanced penalties.
Sexual assault without consent is a felony punishable by up to life imprisonment. Rape and sexual intercourse without consent carry mandatory minimum sentences based on victim age and circumstances.
Partner or family member assault is a misdemeanor on first offense, felony on third. Violation of a restraining order in a domestic violence context is a separate criminal offense.
Title 61 — Montana Code Annotated
Montana's default speed limits: 80 mph on interstate highways, 70 mph on two-lane paved roads, 25 mph in urban districts, and 15 mph in school zones. Excessive speeding (25+ mph over limit) can result in felony charges if it causes death or serious injury.
All front-seat occupants must wear a seat belt. Children under 6 or under 60 lbs must be in an approved child safety seat. Violations are a primary offense — officers can pull you over solely for seat belt non-compliance.
Texting while driving is illegal statewide. Handheld cell phone use while driving is prohibited. First offense is a $100 fine; fines increase for subsequent offenses.
BAC limit is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. Implied consent law means refusal to take a breath/blood test results in automatic license suspension.
Operating a vehicle with willful disregard for safety of persons or property is a misdemeanor. Negligent vehicular assault (causing injury) is a felony punishable by up to 10 years.
All registered vehicles must carry minimum liability insurance: $25,000 per person / $50,000 per accident for bodily injury, and $20,000 for property damage. Driving uninsured is a misdemeanor.
Possession of an open alcoholic beverage container in a motor vehicle on a public highway is illegal for both driver and passengers. Violation is a misdemeanor.
Willfully failing to stop when signaled by law enforcement is a misdemeanor. If the pursuit results in injury or death, charges escalate to a felony.
Title 87 — Montana Code Annotated
Any person hunting, trapping, or fishing in Montana must have a valid license issued by Montana Fish, Wildlife & Parks (FWP). Residents and non-residents have different license fees and tag requirements.
During firearms deer and elk seasons, hunters must wear at least 400 square inches of fluorescent orange on the head and upper body. Violation is a misdemeanor.
Hunting or fishing on private land without landowner permission is illegal and results in license suspension in addition to trespass penalties. Written permission is recommended.
Taking wildlife out of season, over bag limits, or without a license constitutes poaching. Penalties include fines up to $10,000, license revocation, and possible felony charges for trophy species like elk, moose, or bighorn sheep.
Baiting deer, elk, or other big game is prohibited. Knowingly feeding wildlife in a manner that creates a public safety hazard is a misdemeanor.
Fishing without a license, exceeding bag limits, or using prohibited methods (dynamite, chemicals, electricity) are all illegal. Specific stream and lake regulations vary — check FWP regulations annually.
Montana has no general prohibition on Sunday hunting. However, specific seasons and regulations apply per species. Always verify current FWP regulations before hunting.
Discharging a firearm from a public road or within 50 feet of the center of a public road is prohibited. Shooting across a highway or railway is illegal.
Montana Code Annotated (MCA) — Selected Titles
Montana's constitution explicitly protects the right of any person to bear arms in defense of home, person, and property. Montana imposes fewer restrictions than federal minimums on firearms ownership for law-abiding residents.
Montana is a permitless carry (constitutional carry) state. No permit is required to carry a concealed firearm for eligible adults. A permit is available voluntarily for reciprocity purposes in other states.
A person is justified in using force to defend themselves or others when they reasonably believe force is necessary. Montana does not require a duty to retreat when facing unlawful force.
Criminal trespass is knowingly entering or remaining on another's land after being notified not to. Posted signs, fencing, or verbal/written notice all constitute adequate warning. Violation is a misdemeanor.
Being intoxicated in a public place is not a criminal offense in Montana. However, law enforcement may take an intoxicated person into protective custody for their safety.
Intercepting private communications without consent, voyeurism, and unlawful use of surveillance equipment are criminal offenses punishable as felonies depending on severity.
Recreational marijuana use is legal for adults 21+ following the passage of I-190 in 2020. Adults may possess up to 1 ounce in public and grow up to 2 plants at home. Sales require a licensed dispensary. Use in public or in a vehicle remains prohibited.
Montana is an open-range state in many rural areas. Livestock have the right to roam on unenclosed land. Motorists who hit livestock on open-range roads may be liable for the animal's value.
Plain-language guides to charges that appear in Montana police blotters.
Domestic Animal
Learn what Domestic Animal means in a Montana police blotter, how it is classified under Montana law
Burglary Alarm
Learn what Burglary Alarm means in a Montana police blotter, how it is classified under Montana law,
DOMESTIC
Learn what DOMESTIC means in a Montana police blotter, how it is classified under Montana law, and w
Vandalism
Learn what Vandalism means in a Montana police blotter, how it is classified under Montana law, and
Drugs/Alcohol Violation
Learn what Drugs/Alcohol Violation means in a Montana police blotter, how it is classified under Mon
Accident - No Injury
Learn what Accident - No Injury means in a Montana police blotter, how it is classified under Montan
Motor Vehicle Accident
Learn what Motor Vehicle Accident means in a Montana police blotter, how it is classified under Mont
Fraud
Learn what Fraud means in a Montana police blotter, how it is classified under Montana law, and what
SUICIDE THREAT
Learn what SUICIDE THREAT means in a Montana police blotter, how it is classified under Montana law,
Theft / Forgery / Fraud
Learn what Theft / Forgery / Fraud means in a Montana police blotter, how it is classified under Mon
Trespassing
Learn what Trespassing means in a Montana police blotter, how it is classified under Montana law, an
Burglary
Learn what Burglary means in a Montana police blotter, how it is classified under Montana law, and w
Shoplifting
Learn what Shoplifting means in a Montana police blotter, how it is classified under Montana law, an
TRAFFIC HAZARD
Learn what TRAFFIC HAZARD means in a Montana police blotter, how it is classified under Montana law,
Domestic Disturbance
Learn what Domestic Disturbance means in a Montana police blotter, how it is classified under Montan
Accident - Hit and Run
Learn what Accident - Hit and Run means in a Montana police blotter, how it is classified under Mont
TRAFFIC CRIME
Learn what TRAFFIC CRIME means in a Montana police blotter, how it is classified under Montana law,
Weapons Violation
Learn what Weapons Violation means in a Montana police blotter, how it is classified under Montana l
Drugs
Learn what Drugs means in a Montana police blotter, how it is classified under Montana law, and what
Theft/Larceny
Learn what Theft/Larceny means in a Montana police blotter, how it is classified under Montana law,
Assault
Learn what Assault means in a Montana police blotter, how it is classified under Montana law, and wh
TRESPASS
Learn what TRESPASS means in a Montana police blotter, how it is classified under Montana law, and w
Theft
Learn what Theft means in a Montana police blotter, how it is classified under Montana law, and what
Driving Under the Influence
Learn what Driving Under the Influence means in a Montana police blotter, how it is classified under
Accident - Injury
Learn what Accident - Injury means in a Montana police blotter, how it is classified under Montana l
Legal Disclaimer
This page is for general informational purposes only and does not constitute legal advice. Laws change — always verify current statutes at leg.mt.gov or consult a licensed Montana attorney for advice specific to your situation.