Below are the statutes of limitation for criminal cases in Montana which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute that crime forever. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.
Mont. Code Ann. 45-1-205; 206
No statute of limitations: Deliberate, mitigated, or negligent homicide
Felony involving sexual assault; rape; or incest (where victim is under 16 and offender is 3 years older than victim, or where victim is under 12 and offender is 18 years or older): within 10 years after crime or 10 years after victim reaches 18. Misdemeanor offense for above crimes: within 1 year after offense or 5 years after victim reaches 18. If DNA evidence used; within 1 year after offender’s identity established.
Indecent exposure, deviate sexual conduct, incest, sexual abuse of children, ritual abuse of minor: within 5 years after victim reaches 18. If DNA evidence used; within 1 year after offender’s identity established.
Other felonies: within 5 years
Misdemeanors: within 1 year
Theft involving breach of fiduciary obligation: within 1 year after discovery of offense. If victim is a minor or incompetent: anytime during the minority or incompetency or 1 year after termination of minority or incompetency
Unlawful use of a computer: within 1 year after discovery of offense
Misdemeanor fish and wildlife violations under Title 87: within 3 years after offense committed
Misdemeanor violations of laws regulating outfitters and guides under Title 37, chapter 47: within 3 years after offense committed
Theft: within 5 years of theft. If offender is still in possession or control of property: within 1 year after discovery by investigating officer
Reckless driving resulting in death: within 3 years
Careless driving resulting in death: within 3 years
Tolling Provisions
The period of limitation does not run during:
- any period in which the offender is not usually and publicly resident in the state or is beyond the jurisdiction of the state
- any period in which the offender is a public officer and the offense charged is theft of public funds while in public officer
- a prosecution is pending against the offender for the same conduct
