Charges and penalties
How offenses are graded, jail ranges, fines, and repeat offense steps.
39 sections
- Getting Out Before TrialMCA 46-9-301 — bail reasonable and not oppressive, release on recognizance, and no contact with the alleged victim
- Felony or MisdemeanorMCA 45-2-101 — a felony is more than 1 year in state prison, and the default sentences are 6 months and $500, or 10 years and $50,000
- Expunging MisdemeanorsMCA 46-18-1104 — every misdemeanor in one petition, once in a lifetime, presumed after 5 clean years
- AssaultMCA 45-5-201 — bodily injury, an insulting touch, or fear of injury, up to 6 months and $500
- Partner or Family Member AssaultMCA 45-5-206 — 24 hours to 1 year and $100 to $1,000 the first time, and a felony on the third
- StalkingMCA 45-5-220 — two or more acts that would cause fear or substantial distress, up to 1 year and $1,000 the first time
- Threats and Harassment by Phone or MessageMCA 45-8-213 — threatening or obscene messages, or repeated ones to disturb, up to 6 months and $500
- Disorderly ConductMCA 45-8-101 — fighting, loud noise or abusive language that disturbs the peace, up to $100 and 10 days
- Criminal TrespassMCA 45-6-203 — entering or staying without privilege, up to $500 and 6 months, and orange paint as a posting
- Criminal MischiefMCA 45-6-101 — damaging property without consent, up to $1,500 and 6 months, or 10 years over $1,500 of loss
- TheftMCA 45-6-301 — up to $1,500 of property a misdemeanor, more a felony with up to 10 years
- BurglaryMCA 45-6-204 — entering an occupied structure unlawfully to commit an offense, up to 20 years
- RobberyMCA 45-5-401 — injury, a threat of injury, or a felony during a theft, 2 to 40 years
- Theft of IdentityMCA 45-6-332 — using another's identifying information unlawfully, a felony at $1,500 or more
- Tampering with a WitnessMCA 45-7-206 — pressing a witness to lie, stay silent or stay away, up to 10 years
- Criminal EndangermentMCA 45-5-207 — conduct creating a substantial risk of death or serious injury, up to 10 years
- EscapeMCA 45-7-306 — eluding official detention, up to 6 months, 10 years after a felony charge, 20 with force
- Violating an Order of ProtectionMCA 45-5-626 — up to $500 and 6 months the first time, and 10 days to 2 years by the third
- Deferred and Suspended SentencesMCA 46-18-201 — a sentence deferred up to 1 year for a misdemeanor or 3 for a felony, and fines only that can be paid
- The Age of ConsentMCA 45-5-501 — sixteen, and a mandatory four year minimum when the older person is 4 or more years older
- Driving Without a License, or While SuspendedMCA 61-5-212 — up to $500 or six months for driving while suspended, and at least two days after a DUI suspensionalso here
- Careless and Reckless DrivingMCA 61-8-301 — willful or wanton disregard is reckless, up to 90 days and $500 the first timealso here
- Fleeing from a Police OfficerMCA 61-8-707 — up to 1 year and $2,000, and a felony with up to 5 years when aggravatedalso here
- DUI PenaltiesMCA 61-8-1007 — 0.08, or 5 ng/ml of THC, and 24 hours and $600 the first timealso here
- Being ArrestedMCA 46-6-311 — probable cause and circumstances that require immediate arrest, the warnings before questions, and a judge without unnecessary delayalso here
- Resisting Arrest and Obstructing an OfficerMCA 45-7-301 — force or a risk of injury to stop an arrest, up to $500 and 6 months, and no defense that the arrest was unlawfulalso here
- Recording a ConversationMCA 45-8-213 — a hidden recording needs the knowledge of all parties, unless a warning was givenalso here
- Peeping, Hidden Cameras and Private ImagesMCA 45-5-223 — secretly watching or recording someone at home, up to $500 and 6 months the first timealso here
- Who Cannot Have a GunMCA 45-8-313 — after a felony with a weapon enhancement or one on the offender registry, 2 to 10 yearsalso here
- Sawed-Off FirearmsMCA 45-8-340 — a rifle under 16 inches or a shotgun under 18, unless federally stampedalso here
- Drug PossessionMCA 45-9-102 — any dangerous drug beyond what the marijuana law allows, up to 5 years and $5,000, with a deferred sentence presumed the first timealso here
- Selling DrugsMCA 45-9-101 — distribution up to 25 years, possession with intent up to 20, and 2 to 40 for fentanylalso here
- Underage DrinkingMCA 45-5-638 — $100 to $300 and 20 hours of service the first time, and no charge for seeking medical helpalso here
- Providing Alcohol to Someone Under 21MCA 16-6-305 — no sale or provision under 21, and no intoxicating quantity even from a parentalso here
- Voting After a FelonyMCA 13-1-111 — no vote only while serving the sentence in a penal institution, and every right back when the sentence endsalso here
- A Ticket Instead of an ArrestMCA 46-6-310 — a written notice to appear in place of an arrest, and posted bail except for partner assault, stalking and order violationsalso here
- Deepfakes and Posing as SomeoneMCA 45-5-640 — sharing fake explicit images of a real person, up to $1,000 and 1 year the first timealso here
- Clearing an Old Marijuana ConvictionMCA 16-12-113 — a conviction for what is now legal, or now punished less, expunged or reduced, presumed unless the county attorney shows otherwisealso here
- Littering and DumpingMCA 75-10-212 — no garbage, dead animals or debris on a road or within 200 yards of onealso here
More on charges and penalties
Walk it through 6
What it carries 53
What the words mean 12
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