Montana Code Annotated

Mont. Code Ann. § 45-2-302 (2026)

When Accountability Exists

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY

Part 3. Liability for Acts Committed by or for Another

When Accountability Exists

45-2-302. When accountability exists. A person is legally accountable for the conduct of another when:

(1) having a mental state described by the statute defining the offense, the person causes another to perform the conduct, regardless of the legal capacity or mental state of the other person;

(2) the statute defining the offense makes the person accountable; or

(3) either before or during the commission of an offense with the purpose to promote or facilitate the commission, the person solicits, aids, abets, agrees, or attempts to aid the other person in the planning or commission of the offense. However, a person is not accountable if:

(a) the person is a victim of the offense committed, unless the statute defining the offense provides otherwise; or

(b) before the commission of the offense, the person terminates the person's effort to promote or facilitate the commission and does one of the following:

(i) wholly deprives the person's prior efforts of effectiveness in the commission;

(ii) gives timely warning to the proper law enforcement authorities; or

(iii) otherwise makes proper effort to prevent the commission of the offense.

History: En. 94-2-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-107; amd. Sec. 1640, Ch. 56, L. 2009.

Notes of Decisions

Cited in 92 cases (9 in the last 5 years), 1980–2025 · leading case: Vernon Kills on Top v. State, 928 P.2d 182 (Mont. 1996).

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Vernon Kills on Top v. State, 928 P.2d 182 (Mont. 1996). · cites it 26× “" In his motion to amend his pleadings, Vernon sought to amend claim 2(b) to allege that his trial attorney was ineffective because he failed to investigate and discover Diane Bull Coming's prior acts of violence against men and acts of prostitution, and because he failed to…”

State v. Case, 621 P.2d 1066 (Mont. 1980). · cites it 18× “He was tried for that offense under the accountability statute, section 45-2-302, MCA. Trial was eventually commenced on November 5, 1979, 340 days after the filing of the information.”

State v. Riley, 649 P.2d 1273 (Mont. 1982). · cites it 12× “In addition, the defendant was notified that the State intended to offer an accountability theory under section 45-2-302, MCA. The State abandoned the felony murder theory prior to trial.”

State v. Olson, 2003 MT 61 (Mont. 2003). · cites it 8× “¶ 1 The Appellant, Sharon Marie Olson, was charged by information filed in the District Court for the Eighth Judicial District in Cascade County, with criminal endangerment, in violation of § 45-5-207, MCA (1999), and accountability for criminal production or manufacture of…”

State v. Gollehon, 864 P.2d 249 (Mont. 1993). · cites it 13× “Section 45-2-302, MCA, describes when a person is legally accountable for the conduct of another.”

State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). · cites it 12× “SHEEHY The following are the charges against the defendant Lester Kills On Top, with the jury result as to each count: AMENDED INFORMATION COUNT I The Defendant, LESTER KILLS ON TOP, committed the offense of Robbery, a felony, as defined in § 45-5-401(1)(a) and § 45-2-302(3),…”

City of Missoula v. Shea, 661 P.2d 410 (Mont. 1983). · cites it 26× “" Section 45-2-302, MCA, provides: "When accountability exists.”

Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). · cites it 2× “2d 928, 930-931 (1994); Mont.Code Ann. § 45-2-302; State ex rel. Keyes v.”

State v. J. Kline, 2016 MT 177 (Mont. 2016). · cites it 58× “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.1 Section 45-2-301, MCA, therefore encompasses both theories of criminal culpability—personal…”

State v. Henderson, 877 P.2d 1013 (Mont. 1994). · cites it 11× “The State argues that the evidence established accountability for incest pursuant to § 45-2-302(1), MCA. We observe, however, that the State framed the accountability for incest charge using the language of § 45-2-302(3), MCA, and, in its argument opposing the motion for a…”

State v. Allen, 2010 MT 214 (Mont. 2010). · cites it 6× “" Section 45-2-302(3), MCA. Whether a person is an accomplice is a question for the jury, unless it is undisputed.”

State v. Spang, 2002 MT 120 (Mont. 2002). · cites it 6× “¶ 42 Section 45-2-302(3), MCA (1999), provides that a person is legally accountable for the conduct of another when: either before or during the commission of an offense with the purpose to promote or facilitate such commission, he solicits, aids, abets, agrees, or attempts to…”

Show all 92 citing cases →

— Mont. Code Ann. § 45-2-302(1) — 4 cases

Vernon Kills on Top v. State, 928 P.2d 182 (Mont. 1996). “" In his motion to amend his pleadings, Vernon sought to amend claim 2(b) to allege that his trial attorney was ineffective because he failed to investigate and discover Diane Bull Coming's prior acts of violence against men and acts of prostitution, and because he failed to…”

State v. Sullivan, 880 P.2d 829 (Mont. 1994).

State v. Sullivan, 948 P.2d 215 (Mont. 1997).

State v. Henderson, 877 P.2d 1013 (Mont. 1994). “The State argues that the evidence established accountability for incest pursuant to § 45-2-302(1), MCA. We observe, however, that the State framed the accountability for incest charge using the language of § 45-2-302(3), MCA, and, in its argument opposing the motion for a…”

— Mont. Code Ann. § 45-2-302(2) — 3 cases

City of Missoula v. Shea, 661 P.2d 410 (Mont. 1983). “" Section 45-2-302, MCA, provides: "When accountability exists.”

State v. K. Hamm, 2022 MT 122N (Mont. 2022).

State v. P. Rossbach, 2024 MT 157 (Mont. 2024).

— Mont. Code Ann. § 45-2-302(3) — 53 cases

State v. Olson, 2003 MT 61 (Mont. 2003). “¶ 1 The Appellant, Sharon Marie Olson, was charged by information filed in the District Court for the Eighth Judicial District in Cascade County, with criminal endangerment, in violation of § 45-5-207, MCA (1999), and accountability for criminal production or manufacture of…”

State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). “SHEEHY The following are the charges against the defendant Lester Kills On Top, with the jury result as to each count: AMENDED INFORMATION COUNT I The Defendant, LESTER KILLS ON TOP, committed the offense of Robbery, a felony, as defined in § 45-5-401(1)(a) and § 45-2-302(3),…”

State v. Allen, 2010 MT 214 (Mont. 2010). “" Section 45-2-302(3), MCA. Whether a person is an accomplice is a question for the jury, unless it is undisputed.”

State v. Riley, 649 P.2d 1273 (Mont. 1982). “In addition, the defendant was notified that the State intended to offer an accountability theory under section 45-2-302, MCA. The State abandoned the felony murder theory prior to trial.”

— Mont. Code Ann. § 45-2-302(3)(a) — 1 case

State v. J. Kline, 2016 MT 177 (Mont. 2016). “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.1 Section 45-2-301, MCA, therefore encompasses both theories of criminal culpability—personal…”

— Mont. Code Ann. § 45-2-302(3)(b) — 2 cases

State v. Gommenginger, 790 P.2d 455 (Mont. 1990).

State v. Lynch, 2005 MT 337 (Mont. 2005).

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