Table of Contents TITLE 1. GENERAL LAWS AND DEFINITIONS CHAPTER 1. GENERAL PROVISIONS Part 2. General Definitions of Terms Used in Code
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Mont. Code Ann. § 1-1-204

(2021)

Terms denoting state of mind

Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

(1) "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.

(2) "Knowingly" means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of the act or omission.

(3) "Malice" and "maliciously" mean a wish to vex, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.

(4) "Neglect", "negligence", "negligent", and "negligently" mean a want of the attention to the nature or probable consequences of the act or omission that a prudent person would ordinarily give in acting in the person's own concerns.

(5) "Willfully", when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, to injure another, or to acquire any advantage.

Opinions construing this section

5 opinions
2024 MT 55 Mar 19, 2024 Affirmed in part, reversed in part
S.W. v. State
Concurring by Dirk M. Sandefur · 3 to 0 with 4 concurring
4-55 (internal punctuation and citations omitted, emphasis added).7 See similarly Prosser and Keeton, § 43 at 299 (“what is required to be 7 See similarly § 1-1-204(4), MCA (defining negligence as “a want of the attention to the nature or probable consequences of the act or omission that a prudent person would ordinarily give in
2019 MT 56 Mar 6, 2019 Reversed
City of Helena v. Parsons
Majority by Dirk M. Sandefur · 4 to 3
property.” Section 61-8-301(1)(a), MCA. As referenced in § 61-8-301(1), MCA, “willful or wanton disregard” means intentional or conscious disregard. See § 1-1-204(5), MCA; State v. Stanko, 1998 MT 323, ¶ 65, 292 Mont. 214, 974 P.2d 1139. Except as to certain offenses not at issue here, the State must prove beyond a reasonable d
2015 MT 91 Mar 24, 2015 Affirmed in part, reversed in part
State v. Himes
Majority by James Jeremiah Shea · 5 to 0
hat the person is doing. It does not mean that the person intended to violate the law, injure another, or acquire any advantage.” This definition is based on § 1-1-204(5), MCA, which states that “when applied to the intent with which an act is done or omitted, [willfully] means a purpose or willingness to commit the act or make the
2014 MT 328 Dec 16, 2014 Affirmed
Simms v. Schabacker
Dissenting by Michael E Wheat · 4 to 1
6-805, MCA. It does not require any particular knowledge or state of mind. Instead, it allows for enhanced damages when certain states of mind are shown. See § 1-1-204(5), MCA (defining “willfully”). ¶33 The specific inclusion of enhanced damages for “willful” conduct or “grossly negligent” conduct, further demonstrate
2009 MT 433 Dec 22, 2009 Affirmed
Adoption of B.W.Z-S
Majority by James C. Nelson · 4 to 1
andoned the child, as defined in 41-3-102, in Montana or in any other jurisdiction of the United States . . . . [Emphasis added.] “Willfully” is defined in § 1-1-204(5), MCA, as “a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, to injure another, or to
Official Annotations archive.org, 2021 edition
History:
En. Sec. 16, Pol. C. 1895
Re-en. Sec. 16, Rev. C. 1907
Amd. Sec. 4, Ch. 4, L. 1921
Re-en. Sec. 16, R.C.M. 1921
Cal. Pol. C. Sec. 17
Re-en. Sec. 16, R.C.M. 1935
Amd. Sec. 1, Ch. 25, L. 1947
Amd. Sec. 11-114, Ch. 264, L. 1963
Amd. Sec. 3, Ch. 309, L. 1977
R.C.M. 1947, 19-103(part), (19) thru (23)
Amd. Sec. 5, Ch. 61, L. 2007 (SB 40 - Cocchiarella, Vicki (D) SD 47)
Source text on leg.mt.gov