Mont. Code Ann. § 45-5-203

(1997)

Intimidation

(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, he communicates to another, under circumstances which reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts:

(a) inflict physical harm on the person threatened or any other person;

(b) subject any person to physical confinement or restraint; or

(c) commit any felony.

(2) A person commits the offense of intimidation if he knowingly communicates a threat or false report of a pending fire, explosion, or disaster which would endanger life or property.

(3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

Opinions construing this section

18 opinions
2026 MT 196N Aug 18, 2026 Affirmed
State v. B. Ackerman
Majority by Laurie McKinnon · 5 to 0
ear that it will be carried out, a threat to perform without lawful authority . . . [the] inflict[ion of] harm on the person threatened or any other person.” Section 45-5-203(1)(a), MCA. Although Ackerman denies making the threat, the District Court heard the testimony from these three witnesses and found that Ackerman told them he would kill
2026 MT 88 Apr 28, 2026 Affirmed
State v. R. Strobel
Majority by Katherine M. Bidegaray · 5 to 0
gs. We consolidated Strobel’s separate appeals. ¶2 First, Strobel appeals his July 2023 judgment and sentence upon jury conviction of felony Intimidation, § 45-5-203(1), MCA, in Cause No. DC 2022-577. Second, Strobel appeals his July 2023 judgment and sentence on revocation for a separate prior conviction on three counts felony vio
2025 MT 111 May 27, 2025 Affirmed
State v. T. Dellar
Majority by Laurie McKinnon · 5 to 0
onding officer that “he was going to f**k the staff up there” and asked to be taken to the hospital. ¶4 Dellar was charged with felony intimidation under § 45-5-203(1)(a), MCA,1 and a one-day jury trial was held in November 2022. After testimony from Cray, administrative assistant Denice Beecroft, and facility administrator Jessie H
2024 MT 316N Dec 23, 2024 Affirmed in part, reversed in part
State v. Z. Smith
Majority by Mike McGrath · 5 to 0
state Charged Smith in Case 5 with Possession of Deadly Weapon by Prisoner or Youth in Facility in violation of § 45-8-318, MCA; Intimidation in violation of § 45-5-203, MCA; Assault with Weapon in violation of § 45-5-213, MCA; and Criminal Mischief in violation of § 45-6-101, MCA.2 ¶4 On September 14, 2020, Smith appeared for
2024 MT 157 Jul 30, 2024 Affirmed
State v. P. Rossbach
Majority by Beth Baker · 5 to 0
We discuss additional facts below as they relate to the issues on appeal. 2 Section 45-5-102, MCA 3 Section 45-5-213, MCA. 4 Section 45-7-207, MCA. 5 Section 45-5-203, MCA. 7 STANDARDS OF REVIEW ¶19 “We review a district court’s denial of a challenge to remove a prospective juror for cause for an abuse of discretion.?
Official Annotations archive.org, 1997 edition
History:
En. 94-5-203 by Sec. 1, Ch. 513, L. 1973
R.C.M. 1947, 94-5-203
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 1, Ch. 268, L. 1985