Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 1. Homicide
Montana Code Annotated

Mont. Code Ann. § 45-5-101 (2026)

Repealed

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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 1
  5. 45-5-101 Repealed

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 1. Homicide

Repealed

45-5-101. Repealed. Sec. 11, Ch. 610, L. 1987.

History: En. 94-5-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-101.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1981–2025 · leading case: State v. Sigler, 688 P.2d 749 (Mont. 1984).
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State v. Sigler, 688 P.2d 749 (Mont. 1984). · cites it 13× “Sections 45-5-101 and 45-2-202, MCA. "Purposely" and "knowingly" have replaced the concepts of malice and intent known to our former law.”
State v. Weinberger, 671 P.2d 567 (Mont. 1983). · cites it 13× “Criminal homicide is defined in section 45-5-101, MCA, as occurring when "a person .”
McKenzie v. Osborne, 640 P.2d 368 (Mont. 1982). · cites it 6× “1947 (now section 45-5-101, MCA), states that "[a] person commits the offense of deliberate homicide if he purposely, knowingly or negligently causes the death of another human being.”
State v. Weinberger, 665 P.2d 202 (Mont. 1983). · cites it 6× “Under section 45-5-101, MCA, a person commits the offense of criminal homicide if he purposely, knowingly, or negligently "causes the death of another human being.”
State v. Gratzer, 682 P.2d 141 (Mont. 1984). · cites it 5× “Section 45-5-101 et seq., MCA. Criminal homicide is deliberate if it is committed purposely or knowingly.”
State v. Bush, 636 P.2d 849 (Mont. 1981). · cites it 6× “The appellant next argues the statute defining solicitation, section 45-5-101, MCA, is unconstitutionally vague and denies him due process.”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). · cites it 3× “Section 45-5-101(2), MCA. The “deliberate homicide” statute does not distinguish between a homicide committed “purposely or knowingly” (a version of the former statutory concept of premeditated murder) and a homicide committed under the felony-murder rule.”
State v. Nichols, 734 P.2d 170 (Mont. 1987). · cites it 3× “CONSTITUTIONALITY OF THE FELONY-HOMICIDE STATUTE The following statutes are at issue: “Section 45-5-101. Criminal homicide. (1) A person commits the offense of criminal homicide if he purposely, knowingly, or negligently causes the death of another human being.”
In re B.D.C., 687 P.2d 655 (Mont. 1984). · cites it 3× “is charged with criminal homicide as defined in Section 45-5-101, MCA. B.D.C. contends that because he is charged by accountability — e.”
Bone v. State, 944 P.2d 734 (Mont. 1997). · cites it 2× “On March 11, 1987, Robert Bone was charged in the Seventeenth Judicial District Court, Blaine County, with the offenses of deliberate homicide, in violation of §§ 45-5-101(1) and -102(1)(a), MCA (1985), and, deliberate homicide by accountability, in violation of §§ 45-2-302(3)…”
State v. Martel, 902 P.2d 14 (Mont. 1995). “On May 14, 1993, the Hamilton Deputy City Attorney charged appellant with assault under § 45-5-201(a), MCA, disorderly conduct under § 45-5-101(b), (c), and (f), MCA, and stalking under § 45-5-220, MCA.”
Matter of BDC, 687 P.2d 655 (Mont. 1984). · cites it 3× “is charged with criminal homicide as defined in section 45-5-101, MCA. B.D.C. contends that because he is charged by accountability — e.”
Show all 15 citing cases →
Mont. Code Ann. § 45-5-101(1): 2 cases
State v. Bush, 636 P.2d 849 (Mont. 1981). “The appellant next argues the statute defining solicitation, section 45-5-101, MCA, is unconstitutionally vague and denies him due process.”
Bone v. State, 944 P.2d 734 (Mont. 1997). “On March 11, 1987, Robert Bone was charged in the Seventeenth Judicial District Court, Blaine County, with the offenses of deliberate homicide, in violation of §§ 45-5-101(1) and -102(1)(a), MCA (1985), and, deliberate homicide by accountability, in violation of §§ 45-2-302(3)…”
Mont. Code Ann. § 45-5-101(2): 2 cases
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). “Section 45-5-101(2), MCA. The “deliberate homicide” statute does not distinguish between a homicide committed “purposely or knowingly” (a version of the former statutory concept of premeditated murder) and a homicide committed under the felony-murder rule.”
State v. Weinberger, 671 P.2d 567 (Mont. 1983). “Criminal homicide is defined in section 45-5-101, MCA, as occurring when "a person .”
Mont. Code Ann. § 45-5-101(35): 1 case
State v. M. Dulaney, 2025 MT 67, 566 P.3d 534.
Mont. Code Ann. § 45-5-101(b): 1 case
State v. Martel, 902 P.2d 14 (Mont. 1995). “On May 14, 1993, the Hamilton Deputy City Attorney charged appellant with assault under § 45-5-201(a), MCA, disorderly conduct under § 45-5-101(b), (c), and (f), MCA, and stalking under § 45-5-220, MCA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.