Montana Laws
A plain-language overview of key Montana statutes. For full legal text, always consult the official Montana Code Annotated (MCA).
Criminal Laws
Title 45 β Montana Code Annotated
Assault (MCA 45-5-201)
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.
Homicide (MCA 45-5-101 to 103)
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 (MCA 45-6-301)
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.
Burglary (MCA 45-6-204)
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.
Drug Offenses (MCA 45-9)
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.
DUI (MCA 61-8-401)
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 β₯ 0.16%) carries enhanced penalties.
Sexual Assault (MCA 45-5-502)
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.
Domestic Violence (MCA 45-5-206)
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.
Traffic Laws
Title 61 β Montana Code Annotated
Speed Limits (MCA 61-8-303)
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.
Seat Belt Law (MCA 61-9-409)
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 β officers can pull you over solely for seat belt non-compliance.
Distracted Driving (MCA 61-8-1011)
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.
DUI / Impaired Driving (MCA 61-8-401)
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.
Reckless Driving (MCA 61-8-301)
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.
Insurance Requirements (MCA 61-6-301)
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.
Open Container (MCA 61-8-460)
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.
Fleeing or Eluding (MCA 61-8-316)
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.
Hunting & Fishing Laws
Title 87 β Montana Code Annotated
License Requirements (MCA 87-2-102)
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.
Hunter Orange (MCA 87-6-414)
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.
Trespassing to Hunt (MCA 87-6-206)
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.
Poaching (MCA 87-6-901)
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 & Feeding Wildlife (MCA 87-6-209)
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 Regulations (MCA 87-3-101)
Fishing without a license, exceeding bag limits, or using prohibited methods (dynamite, chemicals, electricity) are all illegal. Specific stream and lake regulations vary β check FWP regulations annually.
Sunday Hunting
Montana has no general prohibition on Sunday hunting. However, specific seasons and regulations apply per species. Always verify current FWP regulations before hunting.
Firearm Use While Hunting (MCA 87-6-401)
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.
General Montana Statutes
Montana Code Annotated (MCA) β Selected Titles
Right to Keep and Bear Arms (Montana Constitution, Art. II Β§12)
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.
Concealed Carry (MCA 45-8-316)
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.
Self-Defense / Stand Your Ground (MCA 45-3-102)
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.
Trespassing (MCA 45-6-203)
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.
Public Intoxication (MCA 45-5-624)
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.
Montana Privacy Law (MCA 45-8-213)
Intercepting private communications without consent, voyeurism, and unlawful use of surveillance equipment are criminal offenses punishable as felonies depending on severity.
Marijuana Laws (MCA 16-12)
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.
Property Rights & Open Range (MCA 81-4-101)
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.
Montana Charge Explainers
Plain-language guides to charges that appear in Montana police blotters.
Accident - No Injury
Learn what Accident - No Injury means in a Montana police blotter, how it is classified under Montan
Burglary Alarm
Learn what Burglary Alarm means in a Montana police blotter, how it is classified under Montana law,
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
Shoplifting
Learn what Shoplifting means in a Montana police blotter, how it is classified under Montana law, an
SUICIDE THREAT
Learn what SUICIDE THREAT means in a Montana police blotter, how it is classified under Montana law,
Trespassing
Learn what Trespassing means in a Montana police blotter, how it is classified under Montana law, an
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
Assault
Learn what Assault means in a Montana police blotter, how it is classified under Montana law, and wh
TRAFFIC CRIME
Learn what TRAFFIC CRIME means in a Montana police blotter, how it is classified under Montana law,
Driving Under the Influence
Learn what Driving Under the Influence means in a Montana police blotter, how it is classified under
Domestic Animal
Learn what Domestic Animal means in a Montana police blotter, how it is classified under Montana law
Accident - Hit and Run
Learn what Accident - Hit and Run means in a Montana police blotter, how it is classified under Mont
Drugs/Alcohol Violation
Learn what Drugs/Alcohol Violation means in a Montana police blotter, how it is classified under Mon
Drugs
Learn what Drugs means in a Montana police blotter, how it is classified under Montana law, and what
Fraud
Learn what Fraud means in a Montana police blotter, how it is classified under Montana law, and what
Accident - Injury
Learn what Accident - Injury means in a Montana police blotter, how it is classified under Montana l
OTHER
Learn what OTHER means in a Montana police blotter, how it is classified under Montana law, and what
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
Theft/Larceny
Learn what Theft/Larceny means in a Montana police blotter, how it is classified under Montana law,
Burglary
Learn what Burglary means in a Montana police blotter, how it is classified under Montana law, and w
Motor Vehicle Accident
Learn what Motor Vehicle Accident means in a Montana police blotter, how it is classified under Mont
Weapons Violation
Learn what Weapons Violation means in a Montana police blotter, how it is classified under Montana l
NARCOTICS
Learn what NARCOTICS means in a Montana police blotter, how it is classified under Montana law, and
TRAFFIC
Learn what TRAFFIC means in a Montana police blotter, how it is classified under Montana law, and wh
WELFARE
Learn what WELFARE means in a Montana police blotter, how it is classified under Montana law, and wh
Theft / Forgery / Fraud
Learn what Theft / Forgery / Fraud means in a Montana police blotter, how it is classified under Mon
WEAPONS
Learn what WEAPONS means in a Montana police blotter, how it is classified under Montana law, and wh
Motor Vehicle Stop
Learn what Motor Vehicle Stop means in a Montana police blotter, how it is classified under Montan
ROBBERY
Learn what ROBBERY means in a Montana police blotter, how it is classified under Montana law, and wh
Trespass I_ Written Verbal Warning
Learn what Trespass I_ Written Verbal Warning means in a Montana police blotter, how it is classifie
Motor Vehicle Stop I_ Written Verbal Warning
Learn what Motor Vehicle Stop I_ Written Verbal Warning means in a Montana police blotter, how it is
Motor Vehicle Stop D~ Nta Issued - Without Report |
Learn what Motor Vehicle Stop D~ Nta Issued - Without Report | means in a Montana police blotter, ho
St Accident And He Needed To Call In
Learn what St Accident And He Needed To Call In means in a Montana police blotter, how it is classif
Theet Forgery Fraud
Learn what Theet Forgery Fraud means in a Montana police blotter, how it is classified under Montana
17:08:10 Motor Vehicle Accident
Learn what 17:08:10 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
Threat
Learn what Threat means in a Montana police blotter, how it is classified under Montana law, and wha
Drug Offenses
Learn what Drug Offenses means in a Montana police blotter, how it is classified under Montana law,
07:03:58 Traffic Stop I
Learn what 07:03:58 Traffic Stop I means in a Montana police blotter, how it is classified under Mon
06:35:57 Motor Vehicle Accident
Learn what 06:35:57 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
Motor Vehicle Accident-Injury $S- Taken To Hospital / Clinic |
Learn what Motor Vehicle Accident-Injury $S- Taken To Hospital / Clinic | means in a Montana police
Theft Forcery Fraud L= No Further Action Required
Learn what Theft Forcery Fraud L= No Further Action Required means in a Montana police blotter, how
05:51:52 Motor Vehicle Accident
Learn what 05:51:52 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
09:33:21 Motor Vehicle Accident
Learn what 09:33:21 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
22:33:38 Motor Vehicle Accident
Learn what 22:33:38 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
15:46:11 Motor Vehicle Accident
Learn what 15:46:11 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
00:20:53 Domestic Non
Learn what 00:20:53 Domestic Non means in a Montana police blotter, how it is classified under Monta
11:38:00 Motor Vehicle Accident
Learn what 11:38:00 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
01:05:21 Motor Vehicle Accident
Learn what 01:05:21 Motor Vehicle Accident means in a Montana police blotter, how it is classified u
Motor Vehicle Stop Written Verbal Warning
Learn what Motor Vehicle Stop Written Verbal Warning means in a Montana police blotter, how it is
Motor Vehicle 8Top
Learn what Motor Vehicle 8Top means in a Montana police blotter, how it is classified under Montana
19:43:44 Domestic Non
Learn what 19:43:44 Domestic Non means in a Montana police blotter, how it is classified under Monta
Traffic Control Searched /Unable To Locate
Learn what Traffic Control Searched /Unable To Locate means in a Montana police blotter, how it is
Accident
Learn what Accident means in a Montana police blotter, how it is classified under Montana law, and w
Weapon
Learn what Weapon means in a Montana police blotter, how it is classified under Montana law, and wha
Legal Disclaimer
This page is for general informational purposes only and does not constitute legal advice. Laws change β always verify current statutes at leg.mt.gov or consult a licensed Montana attorney for advice specific to your situation.