Montana Code Annotated

Mont. Code Ann. § 45-4-101 (2026)

Solicitation

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 4. INCHOATE OFFENSES

Part 1. Enumeration of Offenses and Extent of Liability

Solicitation

45-4-101. Solicitation. (1) A person commits the offense of solicitation when, with the purpose that an offense be committed, the person commands, encourages, or facilitates the commission of that offense.

(2) A person convicted of solicitation shall be punished not to exceed the maximum provided for the offense solicited.

History: En. 94-4-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-101; amd. Sec. 1651, Ch. 56, L. 2009.

Notes of Decisions

Cited in 28 cases (5 in the last 5 years), 1981–2025 · leading case: State v. Ray, 882 P.2d 1013 (Mont. 1994).

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State v. Ray, 882 P.2d 1013 (Mont. 1994). · cites it 26× “Section 45-4-101, MCA. Montana's jurisdiction to prosecute Ray derives from our statute which allows this State to charge and to *1018 prosecute ".”

Seltzer v. Morton, 2007 MT 62 (Mont. 2007). · cites it 3× “” Section 45-4-101(1), MCA. In this case, both offenses would have been felonies, § 45-2-101(23), MCA, because the value of the painting exceeded and would have been sold-as a bogus Russell-for in excess of $1,000.”

State v. Whitehorn, 2002 MT 54 (Mont. 2002). · cites it 4× “2d 1066 (following conviction for accountability for robbery and deliberate homicide under felony-murder rule, additional sentence under weapons enhancement statute was upheld where defendant provided the gun that was used in commission of a crime).”

Montana v. Sage, 841 P.2d 1142 (Mont. 1992). · cites it 8× “The State charged the defendant, Jack Sage, with two counts of solicitation of incest in violation of §§ 45-4-101, MCA, and 45-5-507, MCA. Defendant filed a motion to dismiss, arguing that solicitation of incest is not a crime in Montana.”

State v. Brandon, 870 P.2d 734 (Mont. 1994). · cites it 4× “Brandon was arrested the following day On February 19, 1992, Brandon was charged with conspiracy to commit deliberate homicide in violation of § 45-4-102, MCA, or, in the alternative, with solicitation to commit deliberate homicide in violation of § 45-4-101, MCA. The conspiracy…”

State v. Coby McOmber, 2007 MT 340 (Mont. 2007). · cites it 2× “¶7 The State charged McOmber by information on March 25, 2004, with one count of felony solicitation to commit the offense of issuing a bad check, in violation of §§ 45-4-101 and 45-6-316, MCA. McOmber pleaded not guilty on April 22, 2004.”

State v. Howard, 637 P.2d 15 (Mont. 1981). · cites it 3× “For example, see the definitions of solicitation, section 45-4-101, MCA (“with the purpose that an offense be committed”); burlgary, section 45-6-204, MCA (“with the purpose to commit an offense therein”); and forgery, section 45-6-325, MCA (“with purpose to defraud”).”

State v. Collier, 919 P.2d 376 (Mont. 1996). · cites it 2× “She was transferred to the Cascade County jail the following day and charged with solicitation of deliberate homicide, a felony, as specified in §§ 45-4-101 and 45-5-102(1)(a), MCA (1991).”

State v. Minez, 2003 MT 344 (Mont. 2003). · cites it 2× “Sections 45-4-101 through 103, M.C.A. According to § 45-4-103(1), M.”

State v. Bush, 636 P.2d 849 (Mont. 1981). · cites it 3× “We hold that the statute defining the offense of solicitation, section 45-4-101, MCA, is not unconstitutionally vague.”

State v. Gatts, 928 P.2d 114 (Mont. 1996). · cites it 2× “Instead, the legislature expressly provided, within the parameters of Title 87, for the charging of fish and game-related conduct pursuant to three but only three statutes contained in Title 45, namely §§ 45-4-101 through 45-4-103, MCA. Thus, the enactment of § 87-1-109, MCA…”

State v. Morse, 746 P.2d 108 (Mont. 1987). · cites it 5× “Morse was convicted of solicitation pursuant to Section 45-4-101, MCA, which provides: “(1) A person commits the offense of solicitation when, with the purpose that an offense be committed, he commands, encourages, or facilitates the commission of that offense.”

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— Mont. Code Ann. § 45-4-101(1) — 4 cases

Seltzer v. Morton, 2007 MT 62 (Mont. 2007). “” Section 45-4-101(1), MCA. In this case, both offenses would have been felonies, § 45-2-101(23), MCA, because the value of the painting exceeded and would have been sold-as a bogus Russell-for in excess of $1,000.”

State v. Brandon, 870 P.2d 734 (Mont. 1994). “Brandon was arrested the following day On February 19, 1992, Brandon was charged with conspiracy to commit deliberate homicide in violation of § 45-4-102, MCA, or, in the alternative, with solicitation to commit deliberate homicide in violation of § 45-4-101, MCA. The conspiracy…”

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

State v. T. Brennan, 2025 MT 46 (Mont. 2025).

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