Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY · Part 3. Liability for Acts Committed by or for Another
Montana Code Annotated

Mont. Code Ann. § 45-2-301 (2026)

Accountability For Conduct Of Another

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 2
  4. Part 3
  5. 45-2-301 Accountability for conduct of another

TITLE 45. CRIMES

CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY

Part 3. Liability for Acts Committed by or for Another

Accountability For Conduct Of Another

45-2-301. Accountability for conduct of another. A person is responsible for conduct that is an element of an offense if the conduct is either that of the person or that of another and the person is legally accountable for the conduct as provided in 45-2-302, or both.

History: En. 94-2-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-106; amd. Sec. 1639, Ch. 56, L. 2009.

Notes of Decisions
Cited in 49 cases (5 in the last 5 years), 1979–2025 · leading case: Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007).
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Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). · cites it 2× “041(1) (2000); Mont. Code Ann. §§ 45-2-301 , 45-2-302 (2005); Neb.”
State v. R. Pierre, 2020 MT 160 (Mont. 2020). · cites it 5× “In that regard, we noted as a threshold matter that requiring an offender to pay restitution for loss caused by the criminal conduct of another does not necessarily require, prior to sentencing, a specific charge and admission or verdict of criminal accountability, as defined by…”
State v. Madera, 670 P.2d 552 (Mont. 1983). · cites it 6× “The answer to Madera's contentions is found in section 45-2-301, MCA, which states: "A person is responsible for conduct which is an element of an offense if the conduct is either that of the person himself or that of another and he is legally accountable for such conduct as…”
State v. Tower, 881 P.2d 1317 (Mont. 1994). · cites it 10× “Section 45-2-301, MCA, provides: Accountability for conduct of another.”
State v. Cech, 2007 MT 184 (Mont. 2007). · cites it 4× “¶16 Applying the three-factor Tadewaldt test, the District Court determined that Cech’s claim failed under the first factor because there was not concurrent jurisdiction over Cech’s conduct: Clearly, the offenses are not the same, nor is possession of property an element of…”
State v. J. Kline, 2016 MT 177 (Mont. 2016). · cites it 29× “” Section 45-2-301, MCA. Section 45-2-301, MCA, provides that a person is “either:” (1) responsible for their own conduct, “or” (2) legally accountable for the acts of another if § 45-2-302, MCA, applies.”
State v. Godsey, 656 P.2d 811 (Mont. 1982). · cites it 6× “We reject defendant’s argument that Eustice was rendered an accomplice pursuant to section 45-2-301, MCA, when he was granted immunity from prosecution on a charge of possession of marijuana.”
State v. Turner, 864 P.2d 235 (Mont. 1993). · cites it 4× “A person convicted of deliberate homicide by accountability is guilty of the substantive offense of deliberate homicide and must be sentenced for that offense in accordance with 5 45-5-102(2), MCA.”
State v. Miller, 757 P.2d 1275 (Mont. 1988). · cites it 3× “Miller argues no corroborating evidence existed and therefore Wentz’s testimony, that especially connected Miller with the deliberate homicide of the Duffys, should not have been admitted because Miller claims no reasonable person could have found Miller purposely or knowingly…”
State v. Kennedy, 2004 MT 53 (Mont. 2004). · cites it 2× “Did Mike Clark’s conversation with Detective Helderop constitute juror misconduct? FACTUAL AND PROCEDURAL BACKGROUND ¶5 On February 22, 2001, the State filed an information charging Kennedy with one count of sexual intercourse without consent, in violation of § 45-5-503, MCA…”
State v. Riley, 649 P.2d 1273 (Mont. 1982). · cites it 2× “These affidavits provide more than sufficient support for the District Court's conclusion. The next issue for consideration is whether there was sufficient evidence to support the jury verdict finding the appellant guilty of deliberate homicide.”
City of Missoula v. Shea, 661 P.2d 410 (Mont. 1983). · cites it 6× “" Section 45-2-302, MCA, provides: "When accountability exists.”
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