Criminal Trespass
MCA 45-6-203 — entering or staying without privilege, up to $500 and 6 months, and orange paint as a posting
A person enters or remains unlawfully when not licensed, invited or privileged to. Privilege on land comes from the owner's explicit permission, or from the owner's failure to post notice, and the owner may revoke it at any time in person.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
Land is posted by written notice, or by at least 50 square inches of fluorescent orange paint, on a post or natural object at each outer gate and normal point of access, with metal fenceposts painted whole.
Knowingly entering or staying unlawfully in an occupied structure or on another's premises is criminal trespass, with a fine of up to $500, up to 6 months, or both. Trespass while hunting, fishing or trapping can also cost those privileges for up to 24 months.
Purposely or knowingly entering any vehicle or part of one without authority is criminal trespass to vehicles, up to $500, 6 months in jail, or both.
Sources for this section (3)
- MCA 45-6-201 — Definition of enter or remain unlawfully
- MCA 45-6-203 — Criminal trespass to property
- MCA 45-6-202 — Criminal trespass to vehicles
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.