Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY · Part 2. Other Factors Affecting Individual Liability
Montana Code Annotated

Mont. Code Ann. § 45-2-212 (2026)

Compulsion

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 2
  4. Part 2
  5. 45-2-212 Compulsion

TITLE 45. CRIMES

CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY

Part 2. Other Factors Affecting Individual Liability

Compulsion

45-2-212. Compulsion. A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct that the person performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if the person reasonably believes that death or serious bodily harm will be inflicted upon the person if the person does not perform the conduct.

History: En. 94-3-110 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-110; amd. Sec. 1637, Ch. 56, L. 2009.

Notes of Decisions
Cited in 21 cases, 1979–2017 · leading case: State v. Maine, 2011 MT 90 (Mont. 2011).
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State v. Maine, 2011 MT 90 (Mont. 2011). · cites it 12× “¶ 8 Maine's defense to the 1996 DUI charge was that he had not been under the influence of alcohol while driving.”
City of Missoula v. Paffhausen, 2012 MT 265 (Mont. 2012). · cites it 22× “” ¶26 Furthermore, Montana already recognizes “compulsion” as an affirmative defense, and this Court has allowed a defendant to raise that defense in the case of a DUI charge even though DUI is an “absolute liability” offense.”
State v. Ottwell, 784 P.2d 402 (Mont. 1989). · cites it 17× “The parties apparently disagree on what defense the appellant is raising.”
City of Helena v. Lewis, 860 P.2d 698 (Mont. 1993). · cites it 11× “This Court recently clarified the applicability of the “necessity” defense in Montana and concluded that the defense has been codified in § 45-2-212, MCA. State v. Ottwell (1989), 240 Mont.”
State v. Jeremiah Green, 2009 MT 114 (Mont. 2009). · cites it 4× “See § 45-2-212, MCA. Asserting a compulsion defense could be incompatible with the notion that Green was an “accomplice” in the crimes, and could explain why he did not request the instruction.”
State v. Close, 881 P.2d 1312 (Mont. 1994). · cites it 15× “2d 698 , this Court restated the scope of the defense of necessity or compulsion under the statute: "[Section 45-2-212, MCA] does not excuse criminal conduct unless the verson assertinq the defense reasonably believes that death or serious bodily injury will be inflicted uvon…”
State v. Cox, 879 P.2d 662 (Mont. 1994). · cites it 6× “Section 45-2-212, MCA, states that in order to prove the defense of compulsion, the defendant must prove that the compulsion to perform the offensive conduct was caused by a threat or menace of imminent infliction of death or serious bodily harm.”
State v. Nelson, 2001 MT 236 (Mont. 2001). · cites it 3× “” Section 45-2-212, MCA. Neither party asserts that the defense of compulsion is applicable to this case.”
State v. Owens, 597 P.2d 72 (Mont. 1979). · cites it 3× “Under that statute, for a defendant to avail himself of the defense of compulsion, he must show that: (1) he was compelled to perform the offensive conduct (2) by the threat or menace (3) of the imminent infliction (4) of death or serious bodily harm, and that (5) he believed…”
State v. Owens, 597 P.2d 72 (Mont. 1979). · cites it 3× “Under that statute, for a defendant to avail himself of the defense of compulsion, he must show that: (1) he was compelled to perform the offensive conduct (2) by the threat or menace (3) of the imminent infliction (4) of death or serious bodily harm, and that (5) he believed…”
State v. Pease, 758 P.2d 764 (Mont. 1988). · cites it 3× “Section 45-2-212, MCA. See also, State v.”
Commonwealth v. Vasquez, 971 N.E.2d 783 (Mass. 2012). “071 (West 1999); Mont. Code Ann. § 45-2-212 (2011); Nev. Rev.”
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