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Criminal penalties in Montana

Checked in October 2026 against the Montana Code Annotated 2025, Titles 45 and 61.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

How Montana sets penalties

  • Montana has no named felony classes. Each offence states its own range, usually a minimum and a maximum in state prison ('not less than 2 years or more than 40 years') and a fine of up to $50,000, subject to special rules in §§ 46-18-219 and 46-18-222 (sentence enhancements and weapons), which were not read in full.
  • Murder has one main offence, deliberate homicide (§ 45-5-102), with death, life, or 10 to 100 years. Mitigated deliberate homicide (§ 45-5-103), committed under the influence of extreme mental or emotional stress for which there is a reasonable explanation or excuse, carries 2 to 40 years. This table maps deliberate homicide to the 'first degree' row and mitigated deliberate homicide to the 'second degree' row.
  • Theft is graded by whether the value exceeds $1,500 (§ 45-6-301). Embezzlement is covered by the theft statute.
  • Montana drunk-driving penalties are in 61-8-1007 (first to third offence) after a 2021 reorganisation that repealed 61-8-714 and 61-8-731.
  • This table shows first-offence ranges.

Death penalty: Yes. Deliberate homicide is punished by death as provided in Mont. Code Ann. §§ 46-18-301 to 46-18-310, unless the offender was under 18, by life imprisonment, or by imprisonment for 10 to 100 years (§ 45-5-102(2)).

First-degree murder

Death, life imprisonment, or 10 to 100 years

  • Deliberate homicide: purposely or knowingly causing the death of another human being, or causing a death in the course of a forcible felony (Offence)

    Least
    10 years (the alternatives are life or death; maximum term 100 years)
    Most
    Death

    The offender may be punished by death (as provided in §§ 46-18-301 to 46-18-310), unless under 18 at the time of the offence; by life imprisonment; or by imprisonment for not less than 10 years nor more than 100 years.

    Mont. Code Ann. § 45-5-102

Second-degree murder

2 to 40 years and a fine of up to $50,000 (mitigated deliberate homicide)

  • Mitigated deliberate homicide: causing the death of another purposely or knowingly, under the influence of extreme mental or emotional stress for which there is a reasonable explanation or excuse (Offence)

    Least
    2 years
    Most
    40 years
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-103

Voluntary manslaughter

Up to 20 years or a fine of up to $50,000 (negligent homicide); 2 to 40 years (mitigated deliberate homicide)

Montana has no offence called manslaughter. A killing under extreme emotional stress is mitigated deliberate homicide (§ 45-5-103). Causing death by negligence is negligent homicide (§ 45-5-104).

Robbery

2 to 40 years and a fine of up to $50,000

  • Robbery: in the course of committing a theft, inflicting or threatening bodily injury, or committing or threatening a felony other than theft (Offence)

    Least
    2 years
    Most
    40 years
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-401

Burglary

Up to 20 years (burglary); up to 40 years (aggravated burglary)

Arson

Up to 20 years and a fine of up to $50,000 (arson); up to 6 months or 10 years (negligent arson)

  • Negligent arson, where another person is placed in danger of death or bodily injury (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $50,000, or both

    Negligent arson that places only property in danger is a misdemeanor, with a fine of up to $500 or up to 6 months in the county jail.

    Mont. Code Ann. § 45-6-102

  • Arson (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $50,000, or both

    Mont. Code Ann. § 45-6-103

Aggravated assault

Up to 20 years and a fine of up to $50,000

  • Aggravated assault: purposely or knowingly causing serious bodily injury, or causing reasonable apprehension of serious bodily injury or death with physical force (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-202

Rape and sexual assault

Life imprisonment, or up to 20 years; life or 4 to 100 years if the victim is under 16 and the offender is 4 or more years older, or the offender inflicts bodily injury

  • Sexual intercourse without consent (Offence)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Up to $50,000, in addition

    The court may impose life imprisonment, or a term of up to 20 years.

    Mont. Code Ann. § 45-5-503(2)

  • Sexual intercourse without consent, where the victim is under 16 and the offender is 4 or more years older, or the offender inflicts bodily injury in the course of the offence (Offence)

    Least
    4 years
    Most
    100 years (or life imprisonment)
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-503(3)(a)

Kidnapping

2 to 10 years (kidnapping); death, life, or 2 to 100 years (aggravated kidnapping)

  • Kidnapping (Offence)

    Least
    2 years
    Most
    10 years
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-302

  • Aggravated kidnapping (Offence)

    Least
    2 years (the alternatives are life or death; maximum term 100 years)
    Most
    Death
    Fine
    Up to $50,000, in addition

    If the offender voluntarily released the victim alive, in a safe place, and the victim was not seriously injured, the term is 2 to 10 years.

    Mont. Code Ann. § 45-5-303

Embezzlement

Up to 6 months ($1,500 or less) up to 10 years (over $1,500)

  • Theft of property worth $1,500 or less (Offence)

    Least
    No minimum term set by the statute
    Most
    6 months in the county jail
    Fine
    Up to $1,500, or both

    Mont. Code Ann. § 45-6-301

  • Theft of property worth more than $1,500 (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $50,000, or both

    Mont. Code Ann. § 45-6-301(7)(b)

Montana punishes embezzlement as theft (§ 45-6-301). Theft of property worth $1,500 or less is a misdemeanor with a fine of up to $1,500 or up to 6 months in the county jail, or both. Theft of property worth more than $1,500 carries a fine of up to $50,000 or up to 10 years in state prison, or both.

Forgery

Up to 6 months in the county jail (small); up to 20 years in state prison (over $1,500)

  • Forgery, where the loss is $1,500 or less (Offence)

    Least
    No minimum term set by the statute
    Most
    6 months in the county jail
    Fine
    Up to $1,500, or both

    Mont. Code Ann. § 45-6-325

  • Forgery, where the loss exceeds $1,500 (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    Up to $50,000, or both

    Mont. Code Ann. § 45-6-325

Drunk driving, first offence

24 hours to 6 months in jail, and a fine of $600 to $1,000

  • Driving under the influence, first violation (Misdemeanor)

    Least
    24 consecutive hours
    Most
    6 months
    Fine
    $600 to $1,000

    If one or more passengers under 16 were in the vehicle, the punishment is 48 consecutive hours to 1 year and a fine of $1,200 to $2,000.

    Mont. Code Ann. §§ 61-8-1002, 61-8-1007(1)(a)(i)

Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.

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