45-2-104. Absolute liability. A person may be guilty of an offense without having, as to each element of the offense, one of the mental states of knowingly, negligently, or purposely only if the offense is punishable by a fine not exceeding $500 or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described.
Montana Code Annotated
Mont. Code Ann. § 45-2-104 (2026)
Absolute Liability
✓ current as of May 2026
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TITLE 45. CRIMES
CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY
Part 1. Definitions and State of Mind
Absolute Liability
History: En. 94-2-104 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 12, Ch. 359, L. 1977; R.C.M. 1947, 94-2-104; amd. Sec. 6, Ch. 485, L. 1981; amd. Sec. 1, Ch. 350, L. 1987; amd. Sec. 10, Ch. 354, L. 1995.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1983–2022 · leading case: State v. Parks, 2013 MT 280 (Mont. 2013).
State v. Parks, 2013 MT 280 (Mont. 2013). “¶39 Prior to trial, the State argued to the District Court that because the statute under which Parks was charged did not contain the internal requirement of a mental state as an element of the crime, it was an “absolute liability” crime, citing § 45-2-104, MCA. This statute…”
City of Missoula v. Shea, 661 P.2d 410 (Mont. 1983). “In addition to the statutes quoted above, section 45-2-104, MCA, is pertinent here.”
State v. Himes, 2015 MT 91 (Mont. 2015). “Whether the mens rea rule set forth in § 45-2-104, MCA, requires a mental state other than “willfully” in order to sustain a conviction for a felony.”
State v. Huebner, 827 P.2d 1260 (Mont. 1992). “Section 45-2-104, MCA, provides: A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in subsections (33), (37), and (58) of 45-2-101, only if the offense is punishable by a fine not exceeding $500 or the statute…”
City of Kalispell v. Omyer Athy, 2016 MT 63 (Mont. 2016). “We relied upon § 45-2-104, MCA, which currently provides that “A person may be guilty of an offense without having, as to each element of the offense, one of the mental states of knowingly, negligently, or purposely only if the offense is punishable by a fine not exceeding $500…”
State v. Brown, 755 P.2d 1364 (Mont. 1988). “Section 45-2-104, MCA, does provide that a person may be guilty of an absolute liability offense "only if the offense is punishable by a fine not exceeding $500 or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the…”
State v. Ellenburg, 938 P.2d 1376 (Mont. 1997). “Citing the § 45-2-104, MCA, requirement that absolute liability may only be imposed for a felony offense if the statute defining the offense clearly indicates a legislative purpose to impose absolute liability, Ellenburg points out that while § 61-8-714(4), MCA, does not mention…”
City of Missoula v. Paffhausen, 2012 MT 265 (Mont. 2012). “Montana’s statutes and case law define an absolute liability offense as an offense that does not require proof of a mental state of purposely, knowingly, or negligently.”
State v. McDole, 734 P.2d 683 (Mont. 1987). “Section 45-2-104, MCA, provides that absolute liability cases are limited to offenses subject to fines not exceeding $500.”
State v. Shawn H. Weller, 2009 MT 168 (Mont. 2009). “1 Section 45-2-104, MCA, provides: “Absolute liability.”
State v. Stafford, 678 P.2d 644 (Mont. 1984). “) *334 Section 45-2-104 provides: “Absolute liability.”
State v. Austin, 704 P.2d 55 (Mont. 1985). “Section 45-2-104, MCA. Section 87-3-122, MCA, however, exceeds absolute liability penalties in providing a misdemeanor penalty of a possible fine of $500 and jail term of six months.”
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