Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 4. INCHOATE OFFENSES · Part 1. Enumeration of Offenses and Extent of Liability
Montana Code Annotated

Mont. Code Ann. § 45-4-102 (2026)

Conspiracy

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 4
  4. Part 1
  5. 45-4-102 Conspiracy

TITLE 45. CRIMES

CHAPTER 4. INCHOATE OFFENSES

Part 1. Enumeration of Offenses and Extent of Liability

Conspiracy

45-4-102. Conspiracy. (1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator.

(2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired:

(a) has not been prosecuted or convicted;

(b) has been convicted of a different offense;

(c) is not amenable to justice;

(d) has been acquitted; or

(e) lacked the capacity to commit the offense.

(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.

History: En. 94-4-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-102; amd. Sec. 1652, Ch. 56, L. 2009.

Notes of Decisions
Cited in 33 cases (4 in the last 5 years), 1979–2025 · leading case: State v. Hatfield, 846 P.2d 1025 (Mont. 1993).
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State v. Hatfield, 846 P.2d 1025 (Mont. 1993). · cites it 6× “Did the District Court err when it sentenced appellant to up to 180 days in jail to be served at the discretion of the supervising probation officer? On May 29, 1991, Hatfield was charged by Information with one count of criminal sale of dangerous drugs, in violation of Section…”
Dep't of Revenue of Mont. v. Kurth Ranch, 511 U.S. 767 (1994). · cites it 2× “In one of those proceedings, the State filed criminal charges against all six respondents in the Montana District Court, charging each with conspiracy to possess drugs with the intent to sell, Mont. Code Ann. § 45-4-102 (1987), or, in the alternative, possession of drugs with…”
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).”
State v. Marler, 2008 MT 13 (Mont. 2008). · cites it 8× “¶ 1 Coby James Marler (Marler) appeals his convictions in the Eighth Judicial District, Cascade County, for criminal mischief in violation of § 45-6-101(1)(a), MCA, and conspiracy to commit robbery in violation of §§ 45-4-102 and 45-5-401, MCA. We affirm.”
Drummond v. Dep't of Revenue (In Re Kurth Ranch), 145 B.R. 61 (Bankr. D. Mont. 1990). · cites it 15× “is hereby sentenced to a term of five (5) years in the Women’s Correctional Center in Warm Springs, Montana, or such other authorized place, with the last four (4) years suspended for the commission of the crime of conspiracy to commit the offense of criminal possession of a…”
State v. Christensen, 797 P.2d 893 (Mont. 1990). · cites it 6× “The Flathead County Attorney filed an information in the Eleventh Judicial District Court charging the respondent with Criminal Possession of Dangerous Drugs with Intent to Sell, § 45-9-103(1), MCA, and Conspiracy to Commit Criminal Sale of Dangerous Drugs, §§ 45-4-102(1) and…”
State v. R. Pierre, 2020 MT 160 (Mont. 2020). · cites it 2× “analysis and holding further encompassed an alternative restitution premise—proof beyond a reasonable doubt of conspiracy, as defined by § 45-4-102, MCA. See B.W., ¶¶ 14, 20, and 22-23.”
State v. Byers, 2003 MT 83 (Mont. 2003). · cites it 4× “Byers (“Byers”), was charged with conspiracy to commit criminal production or manufacture of dangerous drugs, a felony, in violation of §§ 45-4-102 and 45-9-110, MCA; criminal production or manufacture of dangerous drugs, a felony, in violation of §§ 45-4-102 and 45-9-110, MCA;…”
State v. Williams, 604 P.2d 1224 (Mont. 1979). · cites it 3× “” Section 45-4-102(1), MCA. (Emphasis added.”
State v. Brandon, 870 P.2d 734 (Mont. 1994). · cites it 2× “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.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). · cites it 4× “But the State did not allege a conspiracy among the youths, § 45-4-102, MCA, or allege that K.E.G. was legally accountable for the other youths’ conduct, § 45-2-301, MCA.”
State v. Ruggirello, 2008 MT 8 (Mont. 2008). · cites it 2× “¶12 Ruggirello was subsequently charged by Information with felony Conspiracy to Commit Criminal Distribution of Dangerous Drugs under § 45-4-102, MCA; felony Criminal Possession with Intent to Distribute under § 45-9-103, MCA; felony Criminal Endangerment under § 45-5-207, MCA;…”
Show all 33 citing cases →
— Mont. Code Ann. § 45-4-102(1) — 10 cases
State v. Christensen, 797 P.2d 893 (Mont. 1990). “The Flathead County Attorney filed an information in the Eleventh Judicial District Court charging the respondent with Criminal Possession of Dangerous Drugs with Intent to Sell, § 45-9-103(1), MCA, and Conspiracy to Commit Criminal Sale of Dangerous Drugs, §§ 45-4-102(1) and…”
State v. Marler, 2008 MT 13 (Mont. 2008). “¶ 1 Coby James Marler (Marler) appeals his convictions in the Eighth Judicial District, Cascade County, for criminal mischief in violation of § 45-6-101(1)(a), MCA, and conspiracy to commit robbery in violation of §§ 45-4-102 and 45-5-401, MCA. We affirm.”
State v. Williams, 604 P.2d 1224 (Mont. 1979). “” Section 45-4-102(1), MCA. (Emphasis added.”
State Ex Rel. Poll v. Montana Ninth Jud. Dist. Court, 851 P.2d 405 (Mont. 1993).
State v. D. Demarie, 2025 MT 115 (Mont. 2025).
— Mont. Code Ann. § 45-4-102(3) — 2 cases
State v. Gollehon, 864 P.2d 249 (Mont. 1993).
State v. Gollehon, 864 P.2d 249 (Mont. 1993).
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