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
2021 MT 266N Oct 12, 2021 Reversed
State v. A. Weimer
Majority · 0 to 0
ble cases published in the Pacific Reporter and Montana Reports. ¶2 Anthony Weimer challenges his conviction of Criminal Mischief, a felony, in violation of § 45-6-101(1)(a), MCA, in a bench trial before the Eleventh Judicial District Court, Flathead County. He raises numerous issues on appeal. As the record does not contain a written w
2021 MT 256 Oct 5, 2021 Affirmed
State v. M. Payne
Majority by Jim Rice · 5 to 0
CEDURAL BACKGROUND ¶3 Payne was charged with four counts of criminal mischief and one count of felony partner family member assault (PFMA), in violation of § 45-6-101, MCA, and § 45-5-206, MCA, respectively. Two separate trials were set—one for the criminal mischief charges, DC 15-517, and one for the PFMA charge, DC 16-170. A
2021 MT 22N Feb 2, 2021 Affirmed
State v. Logue
Majority by Dirk M. Sandefur · 5 to 0
ately $1,500 in damage to the security glass window. Following his arrest and subsequent arraignment on the offense of felony criminal mischief in violation of § 45-6-101(1)(a), MCA, Logue gave notice, through court-appointed counsel, of intent to assert an affirmative defense under §§ 46-14-101(1)(a)(ii), (2), -102, and -213, MCA, that
2020 MT 52 Mar 3, 2020 Affirmed
State v. L. Higgins
Majority by Ingrid Gustafson · 5 to 0
ic loss to the victim including, “all special damages, but not general damages, substantiated by evidence in the record, that a person could 3 Pursuant to § 45-6-101(1)(a), MCA, a person commits the offense of criminal mischief if the person purposely or knowingly injures, damages, or destroys another’s property without consent. If
2019 MT 126 Jun 5, 2019 Opinion issued in a DA case, outcome unknown
City of Kalispell v. T. Salsgiver
Majority by James Jeremiah Shea · 5 to 2
l Municipal Court finding Salsgiver guilty of partner or family member assault (PFMA), in violation of § 45-5-206, MCA, and criminal mischief, in violation of § 45-6-101, MCA. ¶2 We address the following issues on appeal: Issue One: Whether the District Court erred by affirming the Municipal Court’s Order that Salsgiver waived h
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