Table of Contents TITLE 45. CRIMES CHAPTER 6. OFFENSES AGAINST PROPERTY Part 1. Criminal Mischief and Arson
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33 45-6-101 2 45-6-102 8 45-6-103 45-6-104 4 45-6-105 1 45-6-106

Mont. Code Ann. § 45-6-105

(2011)

Criminal destruction of or tampering with communication device

(1) A person commits the offense of criminal destruction of or tampering with a communication device if the person purposely or knowingly destroys or tampers with a telephone or other communication device to obstruct, prevent, or interfere with:

(a) the report to any law enforcement agency of any actual criminal offense;

(b) the report to any law enforcement agency of any actual bodily injury or property damage; or

(c) a request made to any governmental agency or to any hospital, doctor, or other medical provider for necessary ambulance or emergency medical assistance.

(2) A person destroys or tampers with a communication device by making the communication device unusable or inoperable, by interrupting its use, or by making it inaccessible.

(3) A person convicted of the offense of criminal destruction of or tampering with a communication device shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both.

Opinions construing this section

4 opinions
2026 MT 158 Jul 21, 2026 Affirmed
State v. Friscia
Majority by Jim Rice · 5 to 0
g a threat to an officer, a felony, pursuant to § 45-7-102(1)(a)(i), MCA, and with criminal destruction of a communication device, a misdemeanor, pursuant to § 45-6-105, MCA. Friscia moved the District Court to “suppress any statements or evidence obtained as a result of the illegal entry into Defendant’s home on November 18, 2
2025 MT 62 Apr 1, 2025 Reversed
State v. K. Denny
Majority by Katherine M Bidegaray · 5 to 2
t (PFMA), a misdemeanor in violation of § 45-5-206(1)(a), MCA; and Count III, Destruction/Tampering with a Communication Device, a misdemeanor in violation of § 45-6-105(1)(a), MCA. The State alleged that, during an argument with his ex-wife, Denny “wrapped his hands around her neck and applied pressure for about 10 seconds.” When she
2024 MT 169 Aug 6, 2024 Reversed
State v. C. L. Levine
Majority by Mike McGrath · 5 to 0
of § 45-5-302, MCA; Aggravated Assault in violation of § 45-5-202, MCA; and Criminal Destruction of or Tampering with a Communication Device in violation of § 45-6-105, MCA. On October 3, the District Court issued a search warrant ordering Verizon Wireless to provide the State with data pertaining to Levine’s cellphone that was
2020 MT 230 Sep 15, 2020 Affirmed in part, reversed in part
Rogers v. Lewis & Clark Co
Majority by Ingrid Gustafson · 5 to 0
ause the Supreme Court held such searches did not violate a detainee’s Fourth Amendment rights. Second, in 2019, the Legislature rejected a proposal to amend § 45-6-105, MCA, to expressly include an exception from the statutory prohibition for detainees who will be housed in the general population of a detention facility. 19 ¶
Official Annotations archive.org, 2011 edition
History:
En. Sec. 1, Ch. 413, L. 2007 (SB 350 - Perry, Gary (R) SD 35)
Source text on leg.mt.gov