WHAT EACH CHARGE CARRIES
53 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Montana has no classes of crime. Each offense's own section states its longest term and fine, so each level here names the term. MCA 45-2-101 makes any offense that can bring more than a year in a state prison a felony.
53 charges
Driving under the influence
OWN TERMS · up to as its section sets
Also searched as DUI, drunk driving, DWI
Driving or being in actual physical control of a vehicle on the ways of the state open to the public while under the influence, or with an alcohol concentration of 0.08 or more, or a THC level of 5 ng/ml or more.
| Level | Up to | When |
|---|---|---|
| OWN TERMSOffense with a term set by its own section | As its section sets$600 to $1,000 fine | WhenA first offense, 24 consecutive hours to 6 months |
| OWN TERMSOffense with a term set by its own section | As its section sets$1,200 to $2,000 fine | WhenA second offense, 7 days to 1 year |
| OWN TERMSOffense with a term set by its own section | As its section sets$2,500 to $5,000 fine | WhenA third offense, 30 days to 1 year |
| OWN TERMSOffense with a term set by its own section | As its section sets$5,000 to $10,000 fine | WhenA fourth offense, a felony, 13 months to 2 years to the department of corrections |
With a passenger under 16, the first offense brings 48 consecutive hours to 1 year and a fine of $1,200 to $2,000.
Driving under 21 at 0.02, or with any THC
FINE ONLY to OWN TERMS · up to as its section sets
Also searched as underage DUI, zero tolerance
Driving while under 21 with an alcohol concentration of 0.02 or more, or any amount of THC in the body as shown by a blood test.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | None$100 to $500 fine | WhenA first offense |
| OWN TERMSOffense with a term set by its own section | As its section sets$200 to $500 fine | WhenA second offense, up to 10 days at 18 or older |
| OWN TERMSOffense with a term set by its own section | As its section sets$300 to $500 fine | WhenA third or later offense, 24 consecutive hours to 60 days at 18 or older |
Reckless driving
90 DAY MISD to OWN TERMS · up to as its section sets
Also searched as
Operating a vehicle in willful or wanton disregard for the safety of persons or property, including while passing a stopped school bus showing its flashing red signal.
| Level | Up to | When |
|---|---|---|
| 90 DAY MISDMisdemeanor, up to ninety days | Up to 90 days$100 to $500 fine | WhenA first conviction |
| OWN TERMSOffense with a term set by its own section | As its section sets$500 to $1,000 fine | WhenA second or later conviction, 5 days to 6 months |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $10,000 fine | WhenCausing death or serious bodily injury |
Careless driving
FINE ONLY to 6 MONTH MISD · up to 6 months
Also searched as careless operation
Driving in a way that unduly or unreasonably endangers the life, limb or property of others on the road.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | None$10 to $100 fine | WhenA first conviction |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $5,000 fine | WhenCausing death or serious bodily injury |
Driving without a license
FINE ONLY · up to none
Also searched as no valid license
Driving a motor vehicle on a highway in Montana without a valid Montana driver's license, except as the law exempts.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | NoneUp to $500 fine | WhenAny violation |
Driving while suspended or revoked
6 MONTH MISD to OWN TERMS · up to as its section sets
Also searched as DWS, driving on a suspended license
Driving on a public highway while the privilege to drive is suspended or revoked, without a restricted use permit.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenA suspension for most reasons |
| OWN TERMSOffense with a term set by its own section | As its section setsUp to $2,000 fine | WhenA suspension for a DUI or a refused test, 2 days to 6 months |
Fleeing from or eluding a peace officer
1 YEAR MISD to 10 YEAR FELONY · up to 10 years
Also searched as evading police, running from the police
Knowingly refusing to stop, speeding up, or otherwise trying to get away when a uniformed officer in a police vehicle signals to stop.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $2,000 fine | WhenFleeing |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAggravated fleeing: after an earlier conviction, or with reckless driving, more than $5,000 of damage, or leaving the state |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $10,000 fine | WhenCausing serious bodily injury or death |
Failing to stop or give aid after a crash
OWN TERMS to 10 YEAR FELONY · up to 10 years
Also searched as hit and run, leaving the scene
Leaving the scene of a crash that injures or kills someone without stopping, giving information and giving reasonable help.
| Level | Up to | When |
|---|---|---|
| OWN TERMSOffense with a term set by its own section | As its section sets$100 to $5,000 fine | WhenA crash that injures someone, 30 days to 1 year |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenA crash causing serious bodily injury or death, at least 1 year |
Passing a stopped school bus
FINE ONLY to OWN TERMS · up to as its section sets
Also searched as school bus violation
Passing a stopped school bus from either direction while its red lights are flashing, or passing one on the right.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | None$500 to $1,000 fine | WhenA first offense, with 50 to 100 hours of community service |
| FINE ONLYOffense with a fine only | None$1,000 to $2,000 fine | WhenA second offense, with 100 to 200 hours of community service |
| OWN TERMSOffense with a term set by its own section | As its section sets$3,000 to $5,000 fine | WhenA third or later offense, at least 30 days |
Driving without insurance
FINE ONLY to 10 DAY MISD · up to 10 days
Also searched as no proof of insurance
Driving on the ways of the state open to the public without a valid liability policy in effect, unless self insured or exempt.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | None$250 to $500 fine | WhenA first conviction |
| FINE ONLYOffense with a fine only | None$350 fine | WhenA second conviction, with the registration and plates surrendered |
| 10 DAY MISDMisdemeanor, up to ten days | Up to 10 days$500 fine | WhenA third or later conviction |
Open alcoholic beverage container
FINE ONLY · up to none
Also searched as open container
Knowingly possessing an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | NoneNot more than $100 fine | WhenAny violation, not a criminal offense under the listed laws |
Marijuana in the passenger area
FINE ONLY · up to none
Also searched as open marijuana container
Knowingly possessing marijuana, marijuana products or paraphernalia within the passenger area of a motor vehicle on a highway, outside the unopened dispensary packaging and the places the law excludes.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | NoneNot more than $100 fine | WhenAny violation, not a criminal offense under the listed laws |
Resisting arrest
6 MONTH MISD · up to 6 months
Also searched as
Knowingly preventing or trying to prevent an officer from making an arrest by using or threatening physical force, or by any other means that creates a risk of physical injury.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
It is no defense that the arrest was unlawful, if the officer acted under color of official authority.
Obstructing a peace officer
6 MONTH MISD · up to 6 months
Also searched as obstruction
Knowingly obstructing, impairing or hindering the enforcement of the criminal law, the keeping of the peace, or a governmental function.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
False report to a peace officer
6 MONTH MISD to 4 YEAR FELONY · up to 4 years
Also searched as false police report
Knowingly giving a peace officer false information to implicate another, or reporting an offense that did not occur.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenA falsely reported misdemeanor |
| 4 YEAR FELONYFelony, up to four years | Up to 4 yearsUp to $10,000 fine | WhenA falsely reported felony |
Escape
6 MONTH MISD to 20 YEAR FELONY · up to 20 years
Also searched as
Knowingly eluding official detention, including an arrest, transport or court ordered custody, or failing to return from a temporary leave.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAn escape in other circumstances |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenAfter a felony charge or conviction |
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenBy force, violence or a weapon |
Tampering with witnesses and informants
10 YEAR FELONY · up to 10 years
Also searched as witness tampering, intimidating a witness
Believing a proceeding or investigation is pending or about to start, trying to get a witness or informant to testify falsely, withhold evidence, elude a summons or not appear.
| Level | Up to | When |
|---|---|---|
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenAny violation |
Violation of an order of protection
6 MONTH MISD to 2 YEAR FELONY · up to 2 years
Also searched as violating a restraining order
With knowledge of an order of protection, purposely or knowingly violating a provision of it.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenA first offense |
| OWN TERMSOffense with a term set by its own section | As its section sets$200 to $500 fine | WhenA second offense, 24 hours to 6 months |
| 2 YEAR FELONYFelony, up to two years | Up to 2 years$500 to $2,000 fine | WhenA third or later offense, at least 10 days |
Assault
6 MONTH MISD · up to 6 months
Also searched as simple assault
Purposely or knowingly causing bodily injury, making insulting or provoking physical contact, or causing reasonable apprehension of bodily injury, or negligently causing injury with a weapon.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Aggravated assault
20 YEAR FELONY · up to 20 years
Also searched as
Purposely or knowingly causing serious bodily injury, or reasonable apprehension of serious bodily injury or death by physical force or contact.
| Level | Up to | When |
|---|---|---|
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenAny violation |
Assault with a weapon
20 YEAR FELONY · up to 20 years
Also searched as
Causing bodily injury with a weapon, or reasonable apprehension of serious bodily injury by use of a weapon or what reasonably appears to be one.
| Level | Up to | When |
|---|---|---|
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenAny violation |
Assault on a peace officer
10 YEAR FELONY · up to 10 years
Also searched as assaulting an officer
Causing bodily injury to a peace officer, or reasonable apprehension of serious bodily injury by use of a weapon.
| Level | Up to | When |
|---|---|---|
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenThe ordinary case, at least 2 years |
Partner or family member assault
1 YEAR MISD to 5 YEAR FELONY · up to 5 years
Also searched as PFMA, domestic violence, domestic assault
Purposely or knowingly causing bodily injury to a partner or family member, or reasonable apprehension of bodily injury, or negligently causing injury with a weapon.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$100 to $1,000 fine | WhenA first offense, at least 24 hours |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$300 to $1,000 fine | WhenA second offense, at least 72 hours |
| 5 YEAR FELONYFelony, up to five years | Up to 5 years$500 to $50,000 fine | WhenA third or later offense, at least 30 days |
Every conviction also requires a counseling assessment and at least 40 hours of counseling.
Strangulation of a partner or family member
5 YEAR FELONY to 20 YEAR FELONY · up to 20 years
Also searched as choking
Purposely or knowingly impeding a partner's or family member's breathing or blood flow by pressure on the throat or neck, or by blocking the nose and mouth.
| Level | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $50,000 fine | WhenA first offense |
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenA second or later offense, at least 2 years |
Stalking
1 YEAR MISD to 5 YEAR FELONY · up to 5 years
Also searched as
Purposely or knowingly engaging in a course of conduct aimed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenA first offense |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $10,000 fine | WhenA second within 20 years, or a first that broke an order of protection, used force or a weapon, or targeted a minor |
Intimidation
10 YEAR FELONY · up to 10 years
Also searched as threats
Threatening physical harm, confinement or a felony, in a way that reasonably makes the threat feared, to make someone do or not do something.
| Level | Up to | When |
|---|---|---|
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenAny violation |
Violating privacy in communications
6 MONTH MISD to 1 YEAR MISD · up to 1 year
Also searched as harassing messages, secret recording
Communicating electronically to threaten, harass or injure, repeated communications to disturb, or recording a conversation with a hidden device without the knowledge of all parties.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenA first conviction |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenA second conviction |
Surreptitious visual observation or recordation
6 MONTH MISD to 5 YEAR FELONY · up to 5 years
Also searched as peeping, voyeurism, hidden camera
Hiding, waiting or loitering near a residence to secretly watch or record an occupant, or recording the intimate parts of a person where they reasonably expect privacy.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$500 fine | WhenA first conviction |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$1,000 fine | WhenA second conviction |
| 5 YEAR FELONYFelony, up to five years | Up to 5 years$10,000 fine | WhenA third or later conviction |
Disclosing explicit synthetic media
1 YEAR MISD to 5 YEAR FELONY · up to 5 years
Also searched as deepfake, AI nude images
Knowingly disclosing explicit synthetic media of an identifiable person without consent, to cause distress or harm, or threatening to disclose it for money.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenA first conviction |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $10,000 fine | WhenA second or later conviction |
Criminal invasion of personal privacy
1 YEAR MISD · up to 1 year
Also searched as impersonation
Knowingly obtaining or trying to obtain personal or confidential information about someone while posing as that person, without their express consent.
| Level | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $10,000 fine | WhenAny violation |
Disorderly conduct
10 DAY MISD to 1 YEAR MISD · up to 1 year
Also searched as disturbing the peace
Knowingly disturbing the peace by fighting, threatening or abusive language, loud noise, blocking traffic, or disrupting a lawful assembly.
| Level | Up to | When |
|---|---|---|
| 10 DAY MISDMisdemeanor, up to ten days | Up to 10 daysUp to $100 fine | WhenMost violations |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenA false report of an impending explosion |
Criminal endangerment
10 YEAR FELONY · up to 10 years
Also searched as
Knowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another.
| Level | Up to | When |
|---|---|---|
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenAny violation |
Robbery
40 YEAR FELONY · up to 40 years
Also searched as armed robbery
In the course of a theft, inflicting bodily injury, threatening to, putting anyone in fear of immediate bodily injury, or committing or threatening another felony.
| Level | Up to | When |
|---|---|---|
| 40 YEAR FELONYFelony, up to forty years | Up to 40 yearsUp to $50,000 fine | WhenAny robbery, at least 2 years |
Theft
6 MONTH MISD to 10 YEAR FELONY · up to 10 years
Also searched as shoplifting, stealing
Purposely or knowingly taking unauthorized control of another's property, getting it by threat or deception, or taking property known to be stolen, meaning to deprive the owner of it.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,500 fine | WhenNot exceeding $1,500, a first or second offense |
| OWN TERMSOffense with a term set by its own section | As its section sets$1,500 fine | WhenNot exceeding $1,500, a third or later offense, 30 days to 6 months |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenExceeding $1,500, or any light vehicle |
Theft of identity
6 MONTH MISD to 10 YEAR FELONY · up to 10 years
Also searched as identity theft
Purposely or knowingly getting another person's identifying information and using it for any unlawful purpose, such as getting credit or goods in their name.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$1,500 fine | WhenNo loss, or less than $1,500 |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$3,000 fine | WhenThe same, from a minor or vulnerable adult |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 years$10,000 fine | When$1,500 or more |
Burglary
20 YEAR FELONY to 40 YEAR FELONY · up to 40 years
Also searched as breaking and entering
Knowingly entering or staying unlawfully in an occupied structure with the purpose of committing an offense there, or committing one there.
| Level | Up to | When |
|---|---|---|
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenBurglary |
| 40 YEAR FELONYFelony, up to forty years | Up to 40 yearsUp to $50,000 fine | WhenAggravated burglary: armed, or inflicting or trying to inflict bodily injury |
Criminal trespass to property
6 MONTH MISD · up to 6 months
Also searched as trespassing
Knowingly entering or staying unlawfully in an occupied structure or on another's premises.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Criminal trespass to vehicles
6 MONTH MISD · up to 6 months
Also searched as
Purposely or knowingly entering any vehicle or any part of one without authority.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Unlawful squatting
6 MONTH MISD · up to 6 months
Also searched as squatting
Knowingly entering another's premises and residing there for any period of time without the consent of the owner or rightful occupant.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation, with restitution of the fair market rent |
Criminal mischief
6 MONTH MISD to 10 YEAR FELONY · up to 10 years
Also searched as vandalism, property damage
Injuring, damaging or destroying another's property without consent, or tampering with property so as to endanger people or interfere with its use.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,500 fine | WhenA loss of $1,500 or less |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenA loss over $1,500, injury to livestock, or an interruption of public services |
Criminal mischief damage to rental property
6 MONTH MISD · up to 6 months
Also searched as tenant damage
A tenant purposely or knowingly destroying or damaging part of the premises worth at least $1,000, or letting someone else do it.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenAny violation, with restitution |
Carrying a concealed weapon while under the influence
6 MONTH MISD · up to 6 months
Also searched as
Purposely or knowingly carrying a concealed weapon while under the influence of an intoxicating substance, permit or not.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Possessing a weapon in a school building
6 MONTH MISD · up to 6 months
Also searched as gun at school
Possessing a weapon in a school building, outside law enforcement, a school marshal or the trustees' advance permission, or letting a minor do so.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Possession of a sawed-off firearm
OWN TERMS · up to as its section sets
Also searched as short barreled rifle, short barreled shotgun
Knowingly having a rifle or shotgun modified below a barrel of 16 or 18 inches or an overall length of 26 inches, without a valid federal tax stamp.
| Level | Up to | When |
|---|---|---|
| OWN TERMSOffense with a term set by its own section | As its section sets$200 to $500 fine | WhenA first conviction, 5 days to 6 months |
Unlawful possession of a firearm by a convicted person
10 YEAR FELONY · up to 10 years
Also searched as felon in possession
Purposely or knowingly buying or possessing a firearm after a felony with a weapon enhancement, or one that requires registering as a sexual or violent offender.
| Level | Up to | When |
|---|---|---|
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $50,000 fine | WhenAny violation, at least 2 years |
Criminal possession of dangerous drugs
5 YEAR FELONY · up to 5 years
Also searched as drug possession
Possessing any dangerous drug beyond what the marijuana law allows, or for which it sets no penalty.
| Level | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAny violation |
A person convicted of a first violation is presumed entitled to a deferred imposition of the sentence of imprisonment.
Use or possession of drug paraphernalia
6 MONTH MISD · up to 6 months
Also searched as paraphernalia
Using or possessing paraphernalia to grow, make, store, inject, ingest or inhale a dangerous drug, outside what the marijuana law allows.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Criminal distribution of dangerous drugs
25 YEAR FELONY to 40 YEAR FELONY · up to 40 years
Also searched as drug dealing, selling drugs
Selling, bartering, exchanging, giving away or offering any dangerous drug, outside what the marijuana law allows.
| Level | Up to | When |
|---|---|---|
| 25 YEAR FELONYFelony, up to twenty five years | Up to 25 yearsUp to $50,000 fine | WhenDistribution, generally |
| 40 YEAR FELONYFelony, up to forty years | Up to 40 yearsUp to $50,000 fine | WhenBy an adult to a minor, a first offense |
Giving away or sharing is sentenced as possession. Distribution resulting in a death brings up to 100 years and $100,000.
Criminal possession with intent to distribute
20 YEAR FELONY to 40 YEAR FELONY · up to 40 years
Also searched as intent to distribute
Possessing a dangerous drug with intent to distribute it, in an amount greater than the marijuana law permits or one it sets no penalty for.
| Level | Up to | When |
|---|---|---|
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenMost drugs |
| 40 YEAR FELONYFelony, up to forty years | Up to 40 yearsUp to $50,000 fine | WhenFentanyl, at least 2 years |
Criminal possession of precursors to dangerous drugs
20 YEAR FELONY · up to 20 years
Also searched as meth precursors
Possessing precursor chemicals such as pseudoephedrine, red phosphorus or anhydrous ammonia with intent to manufacture dangerous drugs.
| Level | Up to | When |
|---|---|---|
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $50,000 fine | WhenAny violation, at least 2 years |
Possession of an alcoholic beverage under 21
FINE ONLY · up to none
Also searched as MIP, minor in possession, underage drinking
A person under 21 knowingly consuming, using, having or giving away an alcoholic beverage.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | None$100 to $300 fine | WhenA first offense |
| FINE ONLYOffense with a fine only | None$200 to $600 fine | WhenA second offense |
| FINE ONLYOffense with a fine only | None$300 to $900 fine | WhenA third or later offense |
No one under 21 is charged after seeking medical treatment for themselves or another person under 21 who has been drinking.
Possession of tobacco or vapor products under 18
FINE ONLY · up to none
Also searched as minor in possession of tobacco, underage vaping
A person under 18 knowingly possessing or consuming a tobacco product, alternative nicotine product or vapor product.
| Level | Up to | When |
|---|---|---|
| FINE ONLYOffense with a fine only | None$50 fine | WhenA first offense |
| FINE ONLYOffense with a fine only | None$75 to $100 fine | WhenA second offense |
| FINE ONLYOffense with a fine only | None$100 to $250 fine | WhenA third or later offense |
Selling or providing alcohol to a person under 21
6 MONTH MISD · up to 6 months
Also searched as buying alcohol for a minor, furnishing alcohol
Selling or otherwise providing an alcoholic beverage to a person under 21, or knowingly providing an intoxicating quantity, outside the narrow exceptions.
| Level | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $500 fine | WhenAny violation |
Every level on this page, for reference
A misdemeanor with no penalty of its own carries up to six months and $500, and a felony fine the judge sets may not exceed $50,000. Several driving and repeat offenses set a minimum term or a fine band instead, and those levels state it.
- FINE ONLYOffense with a fine onlyNone
- 10 DAY MISDMisdemeanor, up to ten daysUp to 10 days
- 90 DAY MISDMisdemeanor, up to ninety daysUp to 90 days
- 6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months
- 1 YEAR MISDMisdemeanor, up to one yearUp to 1 year
- OWN TERMSOffense with a term set by its own sectionAs its section sets
- 2 YEAR FELONYFelony, up to two yearsUp to 2 years
- 4 YEAR FELONYFelony, up to four yearsUp to 4 years
- 5 YEAR FELONYFelony, up to five yearsUp to 5 years
- 10 YEAR FELONYFelony, up to ten yearsUp to 10 years
- 20 YEAR FELONYFelony, up to twenty yearsUp to 20 years
- 25 YEAR FELONYFelony, up to twenty five yearsUp to 25 years
- 40 YEAR FELONYFelony, up to forty yearsUp to 40 years
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Criminal endangermentKnowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another.
- Deferred imposition of sentenceAfter a guilty verdict or plea, the judge may defer imposing the sentence for up to 1 year for a misdemeanor or 3 years for a felony.
- ExpungementA district court order removing the records of arrest, investigation, detention and court proceedings for one or more misdemeanors. A person may petition only once in a lifetime.
- FelonyAn offense whose sentence is death or imprisonment in a state prison for more than 1 year.
- MisdemeanorAn offense punished by county jail, a fine, or both, or by state prison for 1 year or less.
- Notice to appearA written notice an officer may give instead of arresting without a warrant, directing the person to appear before a court at a certain time and place.
- Occupied structureWhat burglary protects: knowingly entering or staying unlawfully in an occupied structure with the purpose of committing an offense there is burglary.
- Official detentionThe custody escape law protects, which includes an arrest, transport, court ordered custody and community corrections.
- Partner or family memberPartners are spouses and former spouses, people with a child in common, and people who are or were dating or in an intimate relationship. Family members include parents, children, siblings, step and in-law relatives, past or present.
- Personal recognizanceRelease before trial on the person's own promise, without money bail, for someone otherwise eligible for bail.
- RobberyIn the course of a theft, inflicting bodily injury on anyone, threatening to, putting anyone in fear of immediate bodily injury, or committing or threatening another felony.
- TheftPurposely or knowingly taking unauthorized control of another's property, getting it by threat or deception, or taking property known to be stolen, meaning to deprive the owner of it.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Montana attorney can tell you what yours is. Current as of October 2026.