Skip to contentSkip to Search and the menu

WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Montana law uses, what it actually means, and the misreading it usually collects.

43 terms

C

Concealed weapon permit

A permit to carry a concealed weapon a county sheriff issues within 60 days after the application is filed, valid for 5 years.

Also called CWP, carry permit

A permit to carry a concealed weapon a county sheriff issues within 60 days after the application is filed, valid for 5 years.

What it is not

A permit from another state is valid in Montana only when that state runs a criminal background check before issuing.

  • MCA 45-8-321
  • MCA 45-8-329
Where it applies →

Course of conduct

For stalking, two or more acts that follow, monitor, observe, surveil, threaten, harass or intimidate a person or interfere with their property, by any means, a GPS or other electronic device included.

For stalking, two or more acts that follow, monitor, observe, surveil, threaten, harass or intimidate a person or interfere with their property, by any means, a GPS or other electronic device included.

What it is not

One act alone is not a course of conduct.

  • MCA 45-5-220
Where it applies →

Criminal endangerment

Knowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another.

Knowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another.

What it is not

A high blood alcohol concentration alone is not enough to support the charge.

  • MCA 45-5-207
Where it applies →

D

Dangerous drug

The term the drug laws use. Possessing any dangerous drug, beyond what the marijuana law allows, is criminal possession.

Also called controlled substance

The term the drug laws use. Possessing any dangerous drug, beyond what the marijuana law allows, is criminal possession.

What it is not

Marijuana within the amounts the marijuana law allows is not criminal possession.

  • MCA 45-9-102
Where it applies →

Deferred imposition of sentence

After 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.

Also called deferred sentence

After 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.

What it is not

It is not the same as a suspended sentence, where a sentence is imposed and its execution suspended.

Where it applies →

Drug paraphernalia

Using or possessing paraphernalia to grow, make, store, inject, ingest or inhale a dangerous drug is a misdemeanor, outside what the marijuana law allows.

Also called paraphernalia

Using or possessing paraphernalia to grow, make, store, inject, ingest or inhale a dangerous drug is a misdemeanor, outside what the marijuana law allows.

What it is not

A first violation is presumed entitled to a deferred sentence.

  • MCA 45-10-103
Where it applies →

DUI

Driving, or being in actual physical control of, a vehicle on the ways of the state open to the public while under the influence of alcohol or any drug, or with an alcohol concentration of 0.08 or more, or a THC level of 5 ng/ml or more.

Also called driving under the influence, 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 of alcohol or any drug, or with an alcohol concentration of 0.08 or more, or a THC level of 5 ng/ml or more.

What it is not

Being in actual physical control counts, not only driving.

Where it applies →

Durable power of attorney

A power of attorney that survives the principal's incapacity. Every power of attorney is durable unless it expressly says incapacity ends it.

Also called power of attorney, POA

A power of attorney that survives the principal's incapacity. Every power of attorney is durable unless it expressly says incapacity ends it.

What it is not

It does not have to say durable to be durable.

Where it applies →

Duty to retreat

A person lawfully in a place who is threatened with bodily injury or death has no duty to retreat or to summon law enforcement before using force, apart from the rule for an aggressor.

Also called stand your ground

A person lawfully in a place who is threatened with bodily injury or death has no duty to retreat or to summon law enforcement before using force, apart from the rule for an aggressor.

What it is not

It does not widen when force is justified; that still turns on a reasonable belief that it is necessary.

  • MCA 45-3-110
Where it applies →

E

Elective share

A surviving spouse's right to elect a share equal to 50% of the marital property portion of the augmented estate, whatever the will says.

A surviving spouse's right to elect a share equal to 50% of the marital property portion of the augmented estate, whatever the will says.

What it is not

It is claimed by petition; it is not automatic.

Where it applies →

Essential services

Heat, water, electricity, gas and the like. A landlord who purposefully interrupts one owes up to 3 months' rent or treble damages, whichever is greater.

Also called utilities

Heat, water, electricity, gas and the like. A landlord who purposefully interrupts one owes up to 3 months' rent or treble damages, whichever is greater.

What it is not

Cutting a service to force a tenant out is not a lawful way to take back possession.

  • MCA 70-24-411
Where it applies →

Expungement

A 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.

Also called clearing a record, expunge

A 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.

What it is not

The once in a lifetime petition is for misdemeanors; it covers every misdemeanor in that one petition.

  • MCA 46-18-1104
Where it applies →

F

Felony

An offense whose sentence is death or imprisonment in a state prison for more than 1 year.

An offense whose sentence is death or imprisonment in a state prison for more than 1 year.

What it is not

Montana does not sort crimes into classes; each offense's own section sets its sentence.

Where it applies →

Fleeing or eluding

When a uniformed officer in a police vehicle signals to stop, knowingly refusing to stop, speeding up, keeping going 10 or more miles an hour over the limit, turning off the lights, or otherwise trying to get away.

Also called evading police, running from the police

When a uniformed officer in a police vehicle signals to stop, knowingly refusing to stop, speeding up, keeping going 10 or more miles an hour over the limit, turning off the lights, or otherwise trying to get away.

What it is not

It does not need a chase; knowingly refusing to stop is enough.

  • MCA 61-8-316
Where it applies →

Forcible felony

One of the things deadly force may be used to prevent: force likely to cause death or serious bodily harm is justified only on a reasonable belief that it is necessary to prevent imminent death or serious bodily harm, or a forcible felony.

One of the things deadly force may be used to prevent: force likely to cause death or serious bodily harm is justified only on a reasonable belief that it is necessary to prevent imminent death or serious bodily harm, or a forcible felony.

What it is not

It is one of only two grounds for deadly force; the other is imminent death or serious bodily harm.

  • MCA 45-3-102
Where it applies →

Frisk

A search of a stopped person for weapons, allowed only with reasonable cause to suspect the person is armed and presently dangerous.

Also called pat down, pat-down

A search of a stopped person for weapons, allowed only with reasonable cause to suspect the person is armed and presently dangerous.

What it is not

A stop does not by itself allow a frisk.

  • MCA 46-5-401
Where it applies →

G

Good cause

Under the wrongful discharge law, a reasonable job related ground: poor performance, disrupting the operation, breaking a written policy, or another legitimate business reason.

Under the wrongful discharge law, a reasonable job related ground: poor performance, disrupting the operation, breaking a written policy, or another legitimate business reason.

What it is not

It is not the same as good cause for quitting under the unemployment law.

Where it applies →

H

Holographic will

A will whose signature and material portions are in the maker's handwriting, valid whether or not witnessed.

Also called handwritten will

A will whose signature and material portions are in the maker's handwriting, valid whether or not witnessed.

What it is not

A typed will still needs two witnesses.

  • MCA 72-2-522
Where it applies →

Homestead

The house or mobile home the claimant lives in and the land under it, protected from creditors up to a value limit that was $350,000 in 2021 and increases by 4% every calendar year after that.

Also called homestead exemption

The house or mobile home the claimant lives in and the land under it, protected from creditors up to a value limit that was $350,000 in 2021 and increases by 4% every calendar year after that.

What it is not

It is the place the claimant lives, not every property the claimant owns.

Where it applies →

I

Intoxicating quantity

For giving alcohol to someone under 21, a quantity sufficient to produce an alcohol concentration over 0.05, or substantial or visible impairment.

For giving alcohol to someone under 21, a quantity sufficient to produce an alcohol concentration over 0.05, or substantial or visible impairment.

What it is not

A parent may not knowingly give their own child an intoxicating quantity.

  • MCA 16-6-305
Where it applies →

Irretrievably broken

The ground for divorce, shown by living separate and apart for more than 180 days before filing, or by serious marital discord.

Also called no fault divorce

The ground for divorce, shown by living separate and apart for more than 180 days before filing, or by serious marital discord.

What it is not

Fault is not the ground, and property is divided without regard to marital misconduct.

  • MCA 40-4-104
Where it applies →

L

Learner license

A license valid for 1 year that lets the holder drive with a licensed driver seated beside.

Also called learner's permit, traffic education permit

A license valid for 1 year that lets the holder drive with a licensed driver seated beside.

What it is not

It is not a driver's license; for a holder under 18 the supervising driver is a parent or guardian, or a licensed driver 18 or older with their permission.

  • MCA 61-5-106
Where it applies →

M

Maintenance

Support ordered for a spouse who lacks property for reasonable needs and either cannot be self supporting through appropriate work or cares for a child whose circumstances make staying home appropriate.

Also called alimony, spousal support

Support ordered for a spouse who lacks property for reasonable needs and either cannot be self supporting through appropriate work or cares for a child whose circumstances make staying home appropriate.

What it is not

It is set without regard to marital misconduct.

Where it applies →

Misdemeanor

An offense punished by county jail, a fine, or both, or by state prison for 1 year or less.

An offense punished by county jail, a fine, or both, or by state prison for 1 year or less.

What it is not

A sentence to state prison can still be a misdemeanor if it is 1 year or less.

Where it applies →

N

Notice to appear

A 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.

Also called citation, ticket

A 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.

What it is not

It is not a dismissal; if the person does not appear, a summons or arrest warrant may issue.

Where it applies →

O

Occupied structure

What burglary protects: knowingly entering or staying unlawfully in an occupied structure with the purpose of committing an offense there is burglary.

What burglary protects: knowingly entering or staying unlawfully in an occupied structure with the purpose of committing an offense there is burglary.

What it is not

Burglary needs the purpose of committing an offense inside, or committing one there; the unlawful entry alone is criminal trespass.

Where it applies →

Official detention

The custody escape law protects, which includes an arrest, transport, court ordered custody and community corrections.

The custody escape law protects, which includes an arrest, transport, court ordered custody and community corrections.

What it is not

Probation, parole and release on bail are not official detention.

Where it applies →

Open container

No one may knowingly possess an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.

Also called open alcohol in the car

No one may knowingly possess an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.

What it is not

The violation is not a criminal offense under the listed laws; the fine is not more than $100.

  • MCA 61-8-1026
Where it applies →

Order of protection

A court order that may bar contact, keep the respondent a set distance away, and remove the respondent from the home. A temporary order issues at once on a sworn petition showing danger, and a hearing is held within 20 days.

Also called restraining order, protective order

A court order that may bar contact, keep the respondent a set distance away, and remove the respondent from the home. A temporary order issues at once on a sworn petition showing danger, and a hearing is held within 20 days.

What it is not

The court may not make the order run both ways.

  • MCA 40-15-201
  • MCA 40-15-202
Where it applies →

P

Parenting plan

The arrangement the court sets by the best interest of the child, considering every relevant factor.

Also called custody, visitation

The arrangement the court sets by the best interest of the child, considering every relevant factor.

What it is not

Frequent and continuing contact with both parents is in the child's best interest unless the court finds, after a hearing, that it would be harmful.

Where it applies →

Particularized suspicion

The standard for a stop: circumstances that create a particularized suspicion that the person has committed, is committing or is about to commit an offense.

Also called reasonable suspicion

The standard for a stop: circumstances that create a particularized suspicion that the person has committed, is committing or is about to commit an offense.

What it is not

A frisk needs more: reasonable cause to suspect the person is armed and presently dangerous.

  • MCA 46-5-401
Where it applies →

Partner or family member

Partners 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.

Also called domestic violence, PFMA

Partners 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.

What it is not

Living together is not required.

  • MCA 45-5-206
Where it applies →

Personal recognizance

Release before trial on the person's own promise, without money bail, for someone otherwise eligible for bail.

Also called own recognizance, OR release

Release before trial on the person's own promise, without money bail, for someone otherwise eligible for bail.

What it is not

The court may still set conditions on release.

  • MCA 46-9-111
Where it applies →

Predominant aggressor

Where both sides fought in a partner or family member assault, the officer arrests only the predominant aggressor.

Also called primary aggressor

Where both sides fought in a partner or family member assault, the officer arrests only the predominant aggressor.

What it is not

It is not simply whoever struck first.

  • MCA 46-6-311
Where it applies →

Probationary period

Where the employer sets none, 12 months from the day the employee begins work. With extensions it may not run past 18 months.

Where the employer sets none, 12 months from the day the employee begins work. With extensions it may not run past 18 months.

What it is not

During the probationary period either side may end the job for any reason or none.

Where it applies →

R

Reckless driving

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.

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.

What it is not

Careless driving is a different and lesser offense: driving that unduly or unreasonably endangers others.

Where it applies →

Retaliatory conduct

Raising rent, cutting services, or bringing or threatening an eviction because a tenant complained to a code agency or the landlord, or joined a tenants' union.

Also called retaliation

Raising rent, cutting services, or bringing or threatening an eviction because a tenant complained to a code agency or the landlord, or joined a tenants' union.

What it is not

A complaint within 6 months before the landlord's act creates a presumption only; it can be rebutted.

  • MCA 70-24-431
Where it applies →

Robbery

In 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.

In 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.

What it is not

The course of the theft includes the attempt and the flight after.

Where it applies →

S

Security deposit

Within 30 days after the tenancy ends, the landlord gives the departing tenant a written list of any rent due and damage and cleaning charges, with the balance of the deposit.

Also called deposit, damage deposit

Within 30 days after the tenancy ends, the landlord gives the departing tenant a written list of any rent due and damage and cleaning charges, with the balance of the deposit.

What it is not

A landlord who does not send the written list forfeits the right to keep any of it for damage or cleaning.

  • MCA 70-25-202
Where it applies →

T

Theft

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.

Also called stealing, shoplifting

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.

What it is not

Up to $1,500 of property is a misdemeanor; more is a felony.

Where it applies →

U

Unlawful squatting

Knowingly entering another's premises and residing there for any period of time without the consent of the owner, the rightful occupant or the owner's representative.

Also called squatter

Knowingly entering another's premises and residing there for any period of time without the consent of the owner, the rightful occupant or the owner's representative.

What it is not

Law enforcement may remove a squatter immediately; it is not handled as an eviction.

Where it applies →

W

Wrongful discharge

A discharge that was not for good cause after the probationary period, was retaliation for refusing to break public policy or for reporting a violation, broke the employer's own written policy, or was solely for legal free speech.

Also called wrongful termination

A discharge that was not for good cause after the probationary period, was retaliation for refusing to break public policy or for reporting a violation, broke the employer's own written policy, or was solely for legal free speech.

What it is not

The suit is filed within 1 year after the discharge.

Where it applies →

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Montana attorney answers and a glossary cannot. Current as of October 2026.