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. § 45-6-101

(2021)

Criminal mischief

(1) A person commits the offense of criminal mischief if the person knowingly or purposely:

(a) injures, damages, or destroys any property of another or public property without consent;

(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;

(c) damages or destroys property with the purpose to defraud an insurer; or

(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns.

(2) A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.

(3) A person convicted of the offense of criminal mischief shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $1,500, injures or kills a commonly domesticated hoofed animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services, the offender shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

(4) Amounts involved in criminal mischiefs committed pursuant to a common scheme or the same transaction, whether against the public or the same person or several persons, may be aggregated in determining pecuniary loss.

(5) A person convicted of or who forfeits bond or bail for committing an act of criminal mischief involving property owned or administered by the department of fish, wildlife, and parks shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for at least 24 months from the date of conviction or forfeiture.

Opinions construing this section

33 opinions
2026 MT 166 Jul 28, 2026 Reversed
State v. Martinez
Majority by Ingrid Gustafson · 4 to 0 with 1 concurring
se of criminal mischief if the person purposely or knowingly “injures, damages, or destroys any property of another or public property without consent[.]” Section 45-6-101(1)(a), MCA.1 There is no dispute among the parties that Martinez acted purposely and knowingly by spitting in the vehicle and that he did so without Trooper Heaney’s co
2026 MT 166 Jul 28, 2026 Reversed
State v. Martinez
Concurring by Cory J. Swanson · 4 to 0 with 1 concurring
should be reversed, but disagree with the Court’s reasoning why. ¶27 The Opinion does not correctly interpret the requirements to prove an offense under § 45-6-101(1)(a), MCA, and it fails to clarify the distinctions between §§ 45-6-101(1)(a) and (1)(b), MCA. Doing so would reveal why Martinez’s argument is correct that even if
2025 MT 143 Jul 8, 2025 Reversed
State v. D. Baertsch
Majority by Katherine M Bidegaray · 4 to 0 with 3 concurring
cally took off” and “ran out.” ¶7 The State charged Baertsch with Partner or Family Member Assault (PFMA) (§ 45-5-206(1)(c), MCA); Criminal Mischief (§ 45-6-101(1)(a), MCA); and Burglary (§ 45-6-204(1)(b), MCA). Later, the State amended the Information which alleged, in pertinent part, that Baertsch committed Burglary/Disorderly
2025 MT 85 Apr 29, 2025 Affirmed
City of Missoula v. S. Charlie
Majority by Katherine M Bidegaray · 5 to 0
isdemeanors: (1) obstructing in violation of § 45-7-302(1), MCA; (2) resisting arrest in violation of § 45-7-301, MCA; (3) criminal mischief in violation of § 45-6-101(1), MCA; (4) disorderly conduct in violation of § 45-8-101(1)(a)(vii)-(ix) and (3), MCA (2019); and (5) criminal possession of drug paraphernalia in violation of § 4
2024 MT 316N Dec 23, 2024 Affirmed in part, reversed in part
State v. Z. Smith
Majority by Mike McGrath · 5 to 0
ed on peace officers and others while in detention and out on bail. On April 27, 2021, the State charged Smith in Case 3 with Criminal Mischief in violation of § 45-6-101(1), MCA; Attempted Assault on Peace or Judicial Officer in violation of §§ 45-5-210 and -4-103, MCA; and Assault with Bodily Fluid in violation of § 45-5-214, 1 F
Official Annotations archive.org, 2021 edition
History:
En. 94-6-102 by Sec. 1, Ch. 513, L. 1973
Amd. Sec. 1, Ch. 88, L. 1975
R.C.M. 1947, 94-6-102
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 3, Ch. 560, L. 1981
Amd. Sec. 1, Ch. 581, L. 1983
Amd. Sec. 1, Ch. 98, L. 1989
Amd. Sec. 2, Ch. 616, L. 1993
Amd. Sec. 3, Ch. 397, L. 1999 (HB 255 - Anderson, Shiell (R) HD 25)
Amd. Sec. 2, Ch. 121, L. 2009 (HB 223 - Cohenour, Jill (D) HD 78)
Amd. Sec. 2, Ch. 473, L. 2009 (SB 476 - Shockley, Jim (R) SD 45)
Amd. Sec. 82, Ch. 258, L. 2011 (SB 124 - Ripley, Rick (R) SD 9)
Source text on leg.mt.gov