Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault and Related Offenses
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26 45-5-201 54 45-5-202 18 45-5-203 3 45-5-204 9 45-5-205 84 45-5-206 75 45-5-207 11 45-5-208 7 45-5-209 33 45-5-210 45-5-211 13 45-5-212 66 45-5-213 3 45-5-214 13 45-5-215 38 45-5-220 1 45-5-221 45-5-222 5 45-5-223 1 45-5-231 45-5-232 45-5-233 45-5-234

Mont. Code Ann. § 45-5-207

(2025)

Criminal endangerment – penalty

(1) A person who knowingly engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of criminal endangerment. This conduct includes but is not limited to knowingly placing in a tree, log, or any other wood any steel, iron, ceramic, or other substance for the purpose of damaging a saw or other wood harvesting, processing, or manufacturing equipment.

(2) A high blood alcohol concentration, alone is not sufficient to support a criminal endangerment charge.

(3) A person convicted of the offense of criminal endangerment shall be fined an amount not to exceed $50,000 or imprisoned in the state prison for a term not to exceed 10 years, or both.

(4) As used in this section, "alcohol concentration" has the meaning provided in 61-8-1001.

Opinions construing this section

75 opinions
2026 MT 180N Aug 4, 2026 Affirmed
State v. Richards
Majority by Beth Baker · 4 to 1
re, the maximum penalty for the charge against Richards—felony criminal endangerment—is a fine of $50,000 or imprisonment for at least ten years, or both. Section 45-5-207, MCA. Like in McDowell, Richards immediately benefited from the plea agreement by avoiding these potential sentences, and the prosecution fulfilled its obligation t
2026 MT 55 Mar 17, 2026 Affirmed
State v. Larson
Majority by Jim Rice · 5 to 0
he Influence, Fourth or Subsequent, a felony, in violation of §§ 61-8-1002 and 61-8-1008, MCA; two counts of Criminal Endangerment, felonies, in violation of § 45-5-207, MCA; Theft, a felony, in violation in § 45-6-301, MCA; and several other misdemeanors. The day prior to this incident Larson had been released on his own recogniz
2026 MT 54 Mar 17, 2026 Reversed
State v. A. Emmings
Majority by Cory J. Swanson · 5 to 0
criminal case against him was pending, Emmings’ release was revoked twice. It was revoked once for a felony offense of criminal endangerment in violation of § 45-5-207, MCA, for driving erratically and nearly causing a collision, and another time for failing to comply with a presentence investigation. Emmings left the state withou
2025 MT 288 Dec 16, 2025 Affirmed
State v. J. McKnight
Majority by Laurie McKinnon · 5 to 0
minal Possession of Dangerous Drugs with the Intent to Distribute, a felony, in violation of § 45-9-103, MCA; Criminal Endangerment, a felony, in violation of § 45-5-207, MCA; Unlawful Possession of a Firearm by a Convicted Person, a felony, in violation of § 45-8-313, MCA; and four counts of Unlawful Use/Possession of Property Sub
2025 MT 200 Sep 9, 2025 Affirmed in part, reversed in part
State v. Arvidson
Majority by Jim Rice · 4 to 3
5-5-102(1)(a), MCA, the Defendant is sentenced to the Montana State Prison for a period of 40 years. COUNT II: CRIMINAL ENDANGERMENT, a felony, in violation of Section 45-5-207, MCA the Defendant is sentenced to the Montana State Prison for a period of 6 years, with 5 years suspended. COUNT III: OBSTRUCTING A PEACE OFFICER OR OTHER PUBLIC
Official Annotations archive.org, 2025 edition
History:
En. Sec. 2, Ch. 196, L. 1987
Amd. Sec. 1, Ch. 299, L. 1989
Amd. Sec. 4, Ch. 321, L. 2017 (HB 133 - McConnell, Nate (D) HD 89)
Amd. Sec. 22, Ch. 498, L. 2021 (SB 365 - Regier, Keith (R) SD 3)
Source text on leg.mt.gov