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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 and maximums for Driving under the influence
LevelUp toWhen
OWN TERMSOffense with a term set by its own sectionAs its section sets$600 to $1,000 fineWhenA first offense, 24 consecutive hours to 6 months
OWN TERMSOffense with a term set by its own sectionAs its section sets$1,200 to $2,000 fineWhenA second offense, 7 days to 1 year
OWN TERMSOffense with a term set by its own sectionAs its section sets$2,500 to $5,000 fineWhenA third offense, 30 days to 1 year
OWN TERMSOffense with a term set by its own sectionAs its section sets$5,000 to $10,000 fineWhenA 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.

  • MCA 61-8-1002
  • MCA 61-8-1007
  • MCA 61-8-1008
Read the section →

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 and maximums for Driving under 21 at 0.02, or with any THC
LevelUp toWhen
FINE ONLYOffense with a fine onlyNone$100 to $500 fineWhenA first offense
OWN TERMSOffense with a term set by its own sectionAs its section sets$200 to $500 fineWhenA second offense, up to 10 days at 18 or older
OWN TERMSOffense with a term set by its own sectionAs its section sets$300 to $500 fineWhenA third or later offense, 24 consecutive hours to 60 days at 18 or older
  • MCA 61-8-1002
  • MCA 61-8-1007
Read the section →

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 and maximums for Reckless driving
LevelUp toWhen
90 DAY MISDMisdemeanor, up to ninety daysUp to 90 days$100 to $500 fineWhenA first conviction
OWN TERMSOffense with a term set by its own sectionAs its section sets$500 to $1,000 fineWhenA second or later conviction, 5 days to 6 months
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $10,000 fineWhenCausing death or serious bodily injury
  • MCA 61-8-301
  • MCA 61-8-715
Read the section →

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 and maximums for Careless driving
LevelUp toWhen
FINE ONLYOffense with a fine onlyNone$10 to $100 fineWhenA first conviction
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $5,000 fineWhenCausing death or serious bodily injury
Read the section →

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 and maximums for Driving without a license
LevelUp toWhen
FINE ONLYOffense with a fine onlyNoneUp to $500 fineWhenAny violation
  • MCA 61-5-102
Read the section →

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 and maximums for Driving while suspended or revoked
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenA suspension for most reasons
OWN TERMSOffense with a term set by its own sectionAs its section setsUp to $2,000 fineWhenA suspension for a DUI or a refused test, 2 days to 6 months
  • MCA 61-5-212
Read the section →

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 and maximums for Fleeing from or eluding a peace officer
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $2,000 fineWhenFleeing
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAggravated 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 yearsUp to 10 yearsUp to $10,000 fineWhenCausing serious bodily injury or death
  • MCA 61-8-316
  • MCA 61-8-707
Read the section →

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 and maximums for Failing to stop or give aid after a crash
LevelUp toWhen
OWN TERMSOffense with a term set by its own sectionAs its section sets$100 to $5,000 fineWhenA crash that injures someone, 30 days to 1 year
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenA crash causing serious bodily injury or death, at least 1 year
  • MCA 61-7-103
  • MCA 61-7-118
Read the section →

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 and maximums for Passing a stopped school bus
LevelUp toWhen
FINE ONLYOffense with a fine onlyNone$500 to $1,000 fineWhenA first offense, with 50 to 100 hours of community service
FINE ONLYOffense with a fine onlyNone$1,000 to $2,000 fineWhenA second offense, with 100 to 200 hours of community service
OWN TERMSOffense with a term set by its own sectionAs its section sets$3,000 to $5,000 fineWhenA third or later offense, at least 30 days
  • MCA 61-8-351
Read the section →

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 and maximums for Driving without insurance
LevelUp toWhen
FINE ONLYOffense with a fine onlyNone$250 to $500 fineWhenA first conviction
FINE ONLYOffense with a fine onlyNone$350 fineWhenA second conviction, with the registration and plates surrendered
10 DAY MISDMisdemeanor, up to ten daysUp to 10 days$500 fineWhenA third or later conviction
  • MCA 61-6-301
  • MCA 61-6-304
Read the section →

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 and maximums for Open alcoholic beverage container
LevelUp toWhen
FINE ONLYOffense with a fine onlyNoneNot more than $100 fineWhenAny violation, not a criminal offense under the listed laws
  • MCA 61-8-1026
Read the section →

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 and maximums for Marijuana in the passenger area
LevelUp toWhen
FINE ONLYOffense with a fine onlyNoneNot more than $100 fineWhenAny violation, not a criminal offense under the listed laws
  • MCA 61-8-1027
Read the section →

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 and maximums for Resisting arrest
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation

It is no defense that the arrest was unlawful, if the officer acted under color of official authority.

Read the section →

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 and maximums for Obstructing a peace officer
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 45-7-302
Read the section →

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 and maximums for False report to a peace officer
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenA falsely reported misdemeanor
4 YEAR FELONYFelony, up to four yearsUp to 4 yearsUp to $10,000 fineWhenA falsely reported felony
  • MCA 45-7-205
Read the section →

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 and maximums for Escape
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAn escape in other circumstances
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenAfter a felony charge or conviction
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenBy force, violence or a weapon
Read the section →

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 and maximums for Tampering with witnesses and informants
LevelUp toWhen
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenAny violation
  • MCA 45-7-206
Read the section →

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 and maximums for Violation of an order of protection
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenA first offense
OWN TERMSOffense with a term set by its own sectionAs its section sets$200 to $500 fineWhenA second offense, 24 hours to 6 months
2 YEAR FELONYFelony, up to two yearsUp to 2 years$500 to $2,000 fineWhenA third or later offense, at least 10 days
  • MCA 45-5-626
Read the section →

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 and maximums for Assault
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
Read the section →

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 and maximums for Aggravated assault
LevelUp toWhen
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenAny violation
Read the section →

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 and maximums for Assault with a weapon
LevelUp toWhen
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenAny violation
Read the section →

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 and maximums for Assault on a peace officer
LevelUp toWhen
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenThe ordinary case, at least 2 years
  • MCA 45-5-210
Read the section →

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 and maximums for Partner or family member assault
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$100 to $1,000 fineWhenA first offense, at least 24 hours
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$300 to $1,000 fineWhenA second offense, at least 72 hours
5 YEAR FELONYFelony, up to five yearsUp to 5 years$500 to $50,000 fineWhenA third or later offense, at least 30 days

Every conviction also requires a counseling assessment and at least 40 hours of counseling.

  • MCA 45-5-206
Read the section →

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 and maximums for Strangulation of a partner or family member
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $50,000 fineWhenA first offense
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenA second or later offense, at least 2 years
  • MCA 45-5-215
Read the section →

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 and maximums for Stalking
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenA first offense
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $10,000 fineWhenA second within 20 years, or a first that broke an order of protection, used force or a weapon, or targeted a minor
  • MCA 45-5-220
Read the section →

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 and maximums for Intimidation
LevelUp toWhen
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenAny violation
Read the section →

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 and maximums for Violating privacy in communications
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenA first conviction
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenA second conviction
Read the section →

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 and maximums for Surreptitious visual observation or recordation
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$500 fineWhenA first conviction
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$1,000 fineWhenA second conviction
5 YEAR FELONYFelony, up to five yearsUp to 5 years$10,000 fineWhenA third or later conviction
  • MCA 45-5-223
Read the section →

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 and maximums for Disclosing explicit synthetic media
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenA first conviction
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $10,000 fineWhenA second or later conviction
  • MCA 45-5-640
Read the section →

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 and maximums for Criminal invasion of personal privacy
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $10,000 fineWhenAny violation
  • MCA 45-8-220
Read the section →

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 and maximums for Disorderly conduct
LevelUp toWhen
10 DAY MISDMisdemeanor, up to ten daysUp to 10 daysUp to $100 fineWhenMost violations
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenA false report of an impending explosion
Read the section →

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 and maximums for Criminal endangerment
LevelUp toWhen
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenAny violation
  • MCA 45-5-207
Read the section →

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 and maximums for Robbery
LevelUp toWhen
40 YEAR FELONYFelony, up to forty yearsUp to 40 yearsUp to $50,000 fineWhenAny robbery, at least 2 years
Read the section →

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 and maximums for Theft
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,500 fineWhenNot exceeding $1,500, a first or second offense
OWN TERMSOffense with a term set by its own sectionAs its section sets$1,500 fineWhenNot exceeding $1,500, a third or later offense, 30 days to 6 months
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenExceeding $1,500, or any light vehicle
Read the section →

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 and maximums for Theft of identity
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$1,500 fineWhenNo loss, or less than $1,500
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$3,000 fineWhenThe same, from a minor or vulnerable adult
10 YEAR FELONYFelony, up to ten yearsUp to 10 years$10,000 fineWhen$1,500 or more
Read the section →

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 and maximums for Burglary
LevelUp toWhen
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenBurglary
40 YEAR FELONYFelony, up to forty yearsUp to 40 yearsUp to $50,000 fineWhenAggravated burglary: armed, or inflicting or trying to inflict bodily injury
Read the section →

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 and maximums for Criminal trespass to property
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 45-6-203
Read the section →

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 and maximums for Criminal trespass to vehicles
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 45-6-202
Read the section →

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 and maximums for Unlawful squatting
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation, with restitution of the fair market rent
Read the section →

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 and maximums for Criminal mischief
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,500 fineWhenA loss of $1,500 or less
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenA loss over $1,500, injury to livestock, or an interruption of public services
Read the section →

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 and maximums for Criminal mischief damage to rental property
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenAny violation, with restitution
  • MCA 45-6-106
Read the section →

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 and maximums for Carrying a concealed weapon while under the influence
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 45-8-327
Read the section →

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 and maximums for Possessing a weapon in a school building
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 45-8-361
Read the section →

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 and maximums for Possession of a sawed-off firearm
LevelUp toWhen
OWN TERMSOffense with a term set by its own sectionAs its section sets$200 to $500 fineWhenA first conviction, 5 days to 6 months
  • MCA 45-8-340
Read the section →

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 and maximums for Unlawful possession of a firearm by a convicted person
LevelUp toWhen
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $50,000 fineWhenAny violation, at least 2 years
  • MCA 45-8-313
  • MCA 46-18-231
Read the section →

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 and maximums for Criminal possession of dangerous drugs
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAny violation

A person convicted of a first violation is presumed entitled to a deferred imposition of the sentence of imprisonment.

  • MCA 45-9-102
Read the section →

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 and maximums for Use or possession of drug paraphernalia
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 45-10-103
Read the section →

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 and maximums for Criminal distribution of dangerous drugs
LevelUp toWhen
25 YEAR FELONYFelony, up to twenty five yearsUp to 25 yearsUp to $50,000 fineWhenDistribution, generally
40 YEAR FELONYFelony, up to forty yearsUp to 40 yearsUp to $50,000 fineWhenBy 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.

  • MCA 45-9-101
Read the section →

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 and maximums for Criminal possession with intent to distribute
LevelUp toWhen
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenMost drugs
40 YEAR FELONYFelony, up to forty yearsUp to 40 yearsUp to $50,000 fineWhenFentanyl, at least 2 years
  • MCA 45-9-103
Read the section →

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 and maximums for Criminal possession of precursors to dangerous drugs
LevelUp toWhen
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $50,000 fineWhenAny violation, at least 2 years
  • MCA 45-9-107
Read the section →

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 and maximums for Possession of an alcoholic beverage under 21
LevelUp toWhen
FINE ONLYOffense with a fine onlyNone$100 to $300 fineWhenA first offense
FINE ONLYOffense with a fine onlyNone$200 to $600 fineWhenA second offense
FINE ONLYOffense with a fine onlyNone$300 to $900 fineWhenA 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.

  • MCA 45-5-638
Read the section →

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 and maximums for Possession of tobacco or vapor products under 18
LevelUp toWhen
FINE ONLYOffense with a fine onlyNone$50 fineWhenA first offense
FINE ONLYOffense with a fine onlyNone$75 to $100 fineWhenA second offense
FINE ONLYOffense with a fine onlyNone$100 to $250 fineWhenA third or later offense
  • MCA 45-5-637
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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 and maximums for Selling or providing alcohol to a person under 21
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $500 fineWhenAny violation
  • MCA 16-6-305
  • MCA 46-18-212
Read the section →

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.

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.