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. § 45-6-103

(2015)

Arson

(1) A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely:

(a) damages or destroys a structure, vehicle, personal property (other than a vehicle) that exceeds $1,500 in value, crop, pasture, forest, or other real property that is property of another without consent;

(b) damages or destroys a structure, vehicle, crop, pasture, forest, or other property that the person owns or has a possessory interest in, with the purpose of obtaining a pecuniary or other gain through fraud or deception; or

(c) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion.

(2) A person convicted of the offense of arson shall be imprisoned in the state prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.

Opinions construing this section

8 opinions
2024 MT 211 Sep 17, 2024 Affirmed
State v. A. Powers
Majority by James Jeremiah Shea · 5 to 0
sed on noncompliance with § 46-14-221, MCA. FACTUAL AND PROCEDURAL BACKGROUND ¶2 On September 18, 2020, the State charged Powers with Arson in violation of § 45-6-103, MCA. On August 19, 2021, Powers’s attorney advised the District Court that an evaluator hired by Powers concluded she was unfit to proceed. On September 27, 2021
2023 MT 105N Jun 6, 2023 Affirmed
State v. M. Doubek
Majority by Laurie McKinnon · 5 to 0
e Doubek (Doubek) was convicted by a jury in the First Judicial District Court, Lewis and Clark County, of Accountability for Arson, under §§ 45-2-302(3) and 45-6-103(1)(b), MCA. Doubek appeals, arguing her Sixth Amendment right to effective assistance of counsel was violated by counsel’s failure to offer a “mere presence” instru
2021 MT 88N Apr 13, 2021 Affirmed in part, reversed in part
State v. J. Webb, Jr
Majority by Jim Rice · 5 to 0
eport that Webb was harassing a woman. ¶4 The Cascade County Attorney filed an Information alleging three counts of arson, including Count I in violation of § 45-6-103(1)(a), MCA, and Counts II and III in violation of § 45-6-103(1)(c), MCA. Count II alleged that Webb knowingly or purposely placed first responders in “danger of death
2020 MT 228N Sep 8, 2020 Affirmed
Ellison v. State of Montana
Majority by Beth Baker · 4 to 0
h he was convicted. Because the District Court’s conclusions of law were correct, we affirm. ¶3 Ellison pleaded no contest to felony arson, in violation of § 45-6-103, MCA, on April 1, 2008. He appealed, asserting that the District Court erred in denying his motion to withdraw his plea. We affirmed his conviction. State v. Ellis
2016 MT 67 Mar 22, 2016 Reversed
State v. J. Langley
Majority by Beth Baker · 5 to 0
t with this Opinion. PROCEDURAL AND FACTUAL BACKGROUND ¶3 On February 6, 2014, the State charged Langley with one count of Arson, a felony, in violation of § 45-6-103(1)(a), MCA. Langley entered into a plea agreement with the State on January 22, 2015. The written plea agreement provides in part: Pursuant to § 46-12-211(1)(b), MCA, an
Official Annotations archive.org, 2015 edition
History:
En. 94-6-104 by Sec. 1, Ch. 513, L. 1973
Amd. Sec. 1, Ch. 261, L. 1975
R.C.M. 1947, 94-6-104
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 2, Ch. 590, L. 1985
Amd. Sec. 1, Ch. 124, L. 1995
Amd. Sec. 4, Ch. 397, L. 1999 (HB 255 - Anderson, Shiell (R) HD 25)
Amd. Sec. 3, Ch. 473, L. 2009 (SB 476 - Shockley, Jim (R) SD 45)
Source text on leg.mt.gov