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
2019 MT 133N Jun 4, 2019 Affirmed
State v. M. Gram
Majority by James Jeremiah Shea · 5 to 0
ons Garnishment of [] Gram’s Inmate Trust Account (Motion). We affirm. ¶3 On August 7, 1985, Gram pled guilty to felony criminal mischief, in violation of § 45-6-101, MCA (1978). On August 29, 1985, the District Court sentenced Gram to five years, with all but thirty days suspended. As a condition of his suspended sentence, Gram
2018 MT 241N Sep 25, 2018 Affirmed
State v. J. Rodriguez
Majority by Mike McGrath · 5 to 0
the State of Montana charged Mr. Rodriguez with Burglary, a felony, in violation of § 45-6-204, MCA (2009), Criminal Mischief, a misdemeanor, in violation of § 45-6-101 (2009), MCA, Tampering with Witnesses and Informants, a felony, in violation of § 45-7-206, MCA (2009), and Accountability (Tampering with or Fabricating Physical Evidenc
2017 MT 163 Jun 30, 2017 Reversed
State v. Daniels
Majority by Beth Baker · 5 to 2
d Daniels with felony aggravated burglary under § 45-6-204(2), MCA, misdemeanor assault under § 45-5-201(1)(a), MCA, and misdemeanor criminal mischief under § 45-6-101(1)(a), MCA. Daniels pleaded not guilty to the charges. He chose to represent himself at trial after his counsel withdrew. The District Court appointed standby counsel for
2016 MT 100N May 3, 2016 Affirmed
State v. Gilhousen
Majority by Michael E Wheat · 5 to 0
ts. ¶2 On July 1, 2014, following a bench trial, Philip Jason Gilhousen was found guilty of violating § 45-5-213, MCA, assault with a weapon, a felony, and § 45-6-101, MCA, criminal mischief, a misdemeanor, in the Montana Eighteenth Judicial District Court, Gallatin County. He appeals from the judgment entered against him. The so
2015 MT 319N Nov 10, 2015 Affirmed
State v. Tweten
Majority by Laurie McKinnon · 5 to 0
he amount of pecuniary loss suffered. State v. Palmer, 207 Mont. 152, 160, 673 P.2d 1234, 1239 (1983). To constitute a felony, the loss must be $1,500 or more. Section 45-6-101(3), MCA. To constitute a misdemeanor, the loss must be less than $1,500. Section 45-6-101(3), MCA. Here, Tweten argues the lesser-included offense instruction for misd
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