Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 1. GENERAL PRELIMINARY PROVISIONS · Part 2. Classification and Limitations
Montana Code Annotated

Mont. Code Ann. § 45-1-201 (2026)

Classification Of Offenses

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 1
  4. Part 2
  5. 45-1-201 Classification of offenses

TITLE 45. CRIMES

CHAPTER 1. GENERAL PRELIMINARY PROVISIONS

Part 2. Classification and Limitations

Classification Of Offenses

45-1-201. Classification of offenses. (1) For the determination of the court's jurisdiction at the commencement of the action and for the determination of the commencement of the period of limitations, the offense shall be designated a felony or misdemeanor based upon the maximum potential sentence which could be imposed by statute.

(2) An offense defined by any statute of this state other than this code shall be classified as provided in this section, and the sentence that may be imposed upon conviction thereof shall be governed by this title and Title 46.

History: En. 94-1-105 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 8, Ch. 359, L. 1977; R.C.M. 1947, 94-1-105.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1981–2025 · leading case: State v. Tomaskie, 2007 MT 103 (Mont. 2007).
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State v. Tomaskie, 2007 MT 103 (Mont. 2007). · cites it 6× “¶20 Section 45-1-201(1), MCA, provides: For the determination of the court’s jurisdiction at the commence- ment of the action and for the determination of the commencement of the period of limitations, the offense shall be designated a felony or misdemeanor based upon the…”
Montana v. Fertterer, 841 P.2d 467 (Mont. 1992). · cites it 6× “Section 45-1-201, MCA (1989). All criminal offenses must be designated as misdemeanors or felonies.”
State v. Campbell, 622 P.2d 200 (Mont. 1981). · cites it 3× “Under section 3-5-302(1), MCA, the District Court is given original jurisdiction in all felony criminal cases and “cases of misdemeanor not otherwise provided for.”
State v. Daniel Martz, 2008 MT 340 (Mont. 2008). · cites it 5× “¶22 In pertinent part, the Montana Constitution confers on district courts “original jurisdiction in all criminal cases amounting to felony” and “such additional jurisdiction as may be delegated by the laws of *53 the United States or the state of Montana.”
State v. Mills, 428 P.3d 834 (Mont. 2018). “Sections 45-1-201(20)(a)(iii) and 45-6-301(1), MCA.”
State v. Nelson, 437 P.3d 127 (Mont. 2019). · cites it 5× “" Section 45-1-201(1), MCA. The plain language of § 46-18-201(1)(b), MCA, clearly states that the prior conviction's felony classification is independent of the actual sentence imposed, and therefore it is most appropriate to classify *130 a prior conviction based on the prior…”
State v. T.Thibeault, 2021 MT 162 (Mont. 2021). “See §§ 46-18-201, -202, -205, and -211 through -219, MCA, inter alia. 4 An otherwise facially legal sentence or condition is nonetheless illegal if not imposed in compliance with affirmative statutory prerequisites or mandates for that type of sentence or condition.”
State v. Gibbs, 797 P.2d 928 (Mont. 1990). “We cannot accept the state’s argument on this point however because of the language in § 45-1-201 which provides: “Classification of offenses.”
R. Skurdal v. J. Walker, 2025 MT 174 (Mont. 2025). · cites it 3× “Aggravated Driving Under the Influence, Third Offense, can result in a sentence over 6 months, but cannot exceed a year, making it a high misdemeanor.”
Off. of State Pub. Def. v. Fagenstrom, 439 P.3d 1285 (Mont. 2019). “See §§ 45-1-201, 45-2-101(42), MCA, § 45-6-301(7), MCA (2017).”
State v. Lauretta Wilder, 2011 MT 146N (Mont. 2011). “See §§ 45-1-201; 45-2-101(23) and (42), MCA. Therefore, according to Wilder, her sentence of one year of incarceration at the county jail, with imposition deferred for two years, results in the classification of her offense as a misdemeanor, not a felony.”
— Mont. Code Ann. § 45-1-201(1) — 4 cases
State v. Tomaskie, 2007 MT 103 (Mont. 2007). “¶20 Section 45-1-201(1), MCA, provides: For the determination of the court’s jurisdiction at the commence- ment of the action and for the determination of the commencement of the period of limitations, the offense shall be designated a felony or misdemeanor based upon the…”
State v. Campbell, 622 P.2d 200 (Mont. 1981). “Under section 3-5-302(1), MCA, the District Court is given original jurisdiction in all felony criminal cases and “cases of misdemeanor not otherwise provided for.”
State v. Daniel Martz, 2008 MT 340 (Mont. 2008). “¶22 In pertinent part, the Montana Constitution confers on district courts “original jurisdiction in all criminal cases amounting to felony” and “such additional jurisdiction as may be delegated by the laws of *53 the United States or the state of Montana.”
State v. Nelson, 437 P.3d 127 (Mont. 2019). “" Section 45-1-201(1), MCA. The plain language of § 46-18-201(1)(b), MCA, clearly states that the prior conviction's felony classification is independent of the actual sentence imposed, and therefore it is most appropriate to classify *130 a prior conviction based on the prior…”
— Mont. Code Ann. § 45-1-201(2) — 1 case
State v. T.Thibeault, 2021 MT 162 (Mont. 2021). “See §§ 46-18-201, -202, -205, and -211 through -219, MCA, inter alia. 4 An otherwise facially legal sentence or condition is nonetheless illegal if not imposed in compliance with affirmative statutory prerequisites or mandates for that type of sentence or condition.”
— Mont. Code Ann. § 45-1-201(20)(a)(iii) — 1 case
State v. Mills, 428 P.3d 834 (Mont. 2018). “Sections 45-1-201(20)(a)(iii) and 45-6-301(1), MCA.”
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