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- Montana drunk-driving penalties are in 61-8-1007 (first to third offence) after a 2021 reorganisation that repealed 61-8-714 and 61-8-731.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.
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
Voluntary manslaughter
Up to 20 years or a fine of up to $50,000 (negligent homicide); 2 to 40 years (mitigated deliberate homicide)
Negligent homicide (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $50,000, or both
Mitigated deliberate homicide (Offence)
- Least
- 2 years
- Most
- 40 years
- Fine
- Up to $50,000, in addition
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
Burglary
Up to 20 years (burglary); up to 40 years (aggravated burglary)
Burglary (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $50,000, or both
Aggravated burglary (Offence)
- Least
- No minimum term set by the statute
- Most
- 40 years
- Fine
- Up to $50,000, or both
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.
Arson (Offence)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $50,000, or both
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
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.
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
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
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.
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
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
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
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
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.
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.

