Montana Criminal Statute of Limitations

Statute: §§ 45-1-205; 45-1-206, et seq.

Summary: The following sets forth a description of a particular crime or infraction, followed by the time period following such crime within which a legal action can be initiated in Montana.  If action is not taken within the stated period below, the victim may potentially lose its right to press charges and the state may no longer be entitled to prosecute:

Felonies:

• Deliberate, mitigated, or negligent homicide: N/A
• Others: 5 years
• Sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, sexual or ritual abuse of child if victim is under 18 years old at time of offense: within 5 years of victim turning 18 years old
• Theft involving breach of fiduciary obligation: within 1 year of discovery or if involving a minor, within 1 year of termination of minority
• Unlawful use of computer: within 1 year of discovery of offense

Misdemeanors:

• Generally: 1 year
• Misdemeanor of fish, wildlife, or outfitter activity laws: 3 years

Back to State Criminal Defense Statutes

• If you or a loved one may have been charged with a Crime and need legal advice from a local certified Criminal Defense Attorney, Submit Your Case for a Free Review.