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

Mont. Code Ann. § 45-5-102 (2026)

Deliberate Homicide

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

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 1. Homicide

Deliberate Homicide

45-5-102. Deliberate homicide. (1) A person commits the offense of deliberate homicide if:

(a) the person purposely or knowingly causes the death of another human being;

(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being; or

(c) the person purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.

(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222.

History: En. 94-5-102 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 11, Ch. 338, L. 1977; amd. Sec. 4, Ch. 584, L. 1977; R.C.M. 1947, 94-5-102; amd. Sec. 1, Ch. 322, L. 1979; amd. Sec. 1, Ch. 322, L. 1987; amd. Sec. 4, Ch. 610, L. 1987; amd. Sec. 2, Ch. 482, L. 1995; amd. Sec. 3, Ch. 432, L. 1999; amd. Sec. 3, Ch. 523, L. 1999; amd. Sec. 1, Ch. 271, L. 2013.

Notes of Decisions
Cited in 269 cases (33 in the last 5 years), 1979–2026 · leading case: State v. Garrymore, 2006 MT 245 (Mont. 2006).
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State v. Garrymore, 2006 MT 245 (Mont. 2006). · cites it 84× “bility restriction pursuant to § 46-18-202(2), MCA (2001), violate Garrymore's federal and state constitutional and statutory rights to jury trial and due process? BACKGROUND ¶ 5 After an incident on January 2, 2003, left nearly two-year-old Tylin Garrymore dead, the State…”
State v. Burkhart, 2004 MT 372 (Mont. 2004). · cites it 75× “" Section § 45-5-102, MCA. Montana's statute does not require the death to be "in furtherance" of the threshold crime, only that the homicide occur in the course of the enumerated forcible felony.”
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). · cites it 55× “Russell was punished for both the predicate offense, Wallin’s assault, and Gewanski’s homicide, when he was charged and convicted under § 45-5-102, MCA. 9 ¶29 Finally, under § 45-5-102, MCA, felony homicide is punishable by death, by life imprisonment, or by imprisonment for a…”
State v. Rosling, 2008 MT 62 (Mont. 2008). · cites it 32× “In other words, life imprisonment without the possibility of parole is within the range of punishments authorized by a jury's guilty verdict on a deliberate homicide charge under § 45-5-102(1), MCA. Furthermore, we concluded that this logic applied to both Garrymore's federal…”
State v. Sunday, 609 P.2d 1188 (Mont. 1980). · cites it 39× “16 paraphrases section 45-5-102, MCA, the statute defining deliberate homicide.”
State v. Gollehon, 864 P.2d 249 (Mont. 1993). · cites it 32× “Section 45-5-102, MCA, describes when a person has committed deliberate homicide.”
State v. Weinberger, 671 P.2d 567 (Mont. 1983). · cites it 44× “Section 45-5-102, MCA. Here the State recognized during trial that the jury could not convict Adam of both the crime of aiding and abetting Arrow in the homicide and the crime of attempted aggravated assault.”
Baxter v. State, 2009 MT 449 (Mont. 2009). · cites it 22× “¶ 26 Under § 45-5-102, MCA, a "person commits the offense of deliberate homicide if: (a) the person purposely or knowingly causes the death of another human being.”
State v. Schmidt, 2009 MT 450 (Mont. 2009). · cites it 24× “3d 476 , is dispositive and that the jury, having acquitted Schmidt of deliberate homicide (§ 45-5-102(1)(a), MCA), could not then logically find him guilty of mitigated deliberate homicide (§ 45-5-103(1), MCA).”
State v. Kotwicki, 2007 MT 17 (Mont. 2007). · cites it 10× “Garrymore contended that his sentence exceeded statutory parameters authorized by § 45-5-102(2), MCA, and violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution and Article II of the Montana Constitution.”
State v. Stout, 2010 MT 137 (Mont. 2010). · cites it 14× “See § 45-5-102(1)(a), MCA (a person commits deliberate homicide if the person purposely or knowingly causes the death of another human being).”
Montana v. Egelhoff, 518 U.S. 37 (1996). · cites it 6× “Mont. Code Ann. § 45-5-102 (1995). A portion of the jury charge, uncontested here, instructed that "[a] person acts purposely when it is his conscious object to engage in conduct of that nature or to cause such a result," and that "[a] person acts knowingly when he is aware of…”
Show all 269 citing cases →
Mont. Code Ann. § 45-5-102(1): 21 cases
State v. Burkhart, 2004 MT 372 (Mont. 2004). “" Section § 45-5-102, MCA. Montana's statute does not require the death to be "in furtherance" of the threshold crime, only that the homicide occur in the course of the enumerated forcible felony.”
State v. Rosling, 2008 MT 62 (Mont. 2008). “In other words, life imprisonment without the possibility of parole is within the range of punishments authorized by a jury's guilty verdict on a deliberate homicide charge under § 45-5-102(1), MCA. Furthermore, we concluded that this logic applied to both Garrymore's federal…”
McKenzie v. Osborne, 640 P.2d 368 (Mont. 1982).
Baxter v. State, 2009 MT 449 (Mont. 2009). “¶ 26 Under § 45-5-102, MCA, a "person commits the offense of deliberate homicide if: (a) the person purposely or knowingly causes the death of another human being.”
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). “Russell was punished for both the predicate offense, Wallin’s assault, and Gewanski’s homicide, when he was charged and convicted under § 45-5-102, MCA. 9 ¶29 Finally, under § 45-5-102, MCA, felony homicide is punishable by death, by life imprisonment, or by imprisonment for a…”
Mont. Code Ann. § 45-5-102(1)(a): 48 cases
State v. Rosling, 2008 MT 62 (Mont. 2008). “In other words, life imprisonment without the possibility of parole is within the range of punishments authorized by a jury's guilty verdict on a deliberate homicide charge under § 45-5-102(1), MCA. Furthermore, we concluded that this logic applied to both Garrymore's federal…”
State v. Garrymore, 2006 MT 245 (Mont. 2006). “bility restriction pursuant to § 46-18-202(2), MCA (2001), violate Garrymore's federal and state constitutional and statutory rights to jury trial and due process? BACKGROUND ¶ 5 After an incident on January 2, 2003, left nearly two-year-old Tylin Garrymore dead, the State…”
State v. Schmidt, 2009 MT 450 (Mont. 2009). “3d 476 , is dispositive and that the jury, having acquitted Schmidt of deliberate homicide (§ 45-5-102(1)(a), MCA), could not then logically find him guilty of mitigated deliberate homicide (§ 45-5-103(1), MCA).”
State v. Stout, 2010 MT 137 (Mont. 2010). “See § 45-5-102(1)(a), MCA (a person commits deliberate homicide if the person purposely or knowingly causes the death of another human being).”
State v. Burkhart, 2004 MT 372 (Mont. 2004). “" Section § 45-5-102, MCA. Montana's statute does not require the death to be "in furtherance" of the threshold crime, only that the homicide occur in the course of the enumerated forcible felony.”
Mont. Code Ann. § 45-5-102(1)(a)(2007): 1 case
State v. Heavygun, 386 Mont. 107 (Mont. 2016).
Mont. Code Ann. § 45-5-102(1)(a)(2009): 1 case
State v. King, 2013 MT 139 (Mont. 2013).
Mont. Code Ann. § 45-5-102(1)(b): 37 cases
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). “Russell was punished for both the predicate offense, Wallin’s assault, and Gewanski’s homicide, when he was charged and convicted under § 45-5-102, MCA. 9 ¶29 Finally, under § 45-5-102, MCA, felony homicide is punishable by death, by life imprisonment, or by imprisonment for a…”
State v. Matt, 2008 MT 444 (Mont. 2008).
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990).
State v. Burkhart, 2004 MT 372 (Mont. 2004). “" Section § 45-5-102, MCA. Montana's statute does not require the death to be "in furtherance" of the threshold crime, only that the homicide occur in the course of the enumerated forcible felony.”
State v. Weinberger, 671 P.2d 567 (Mont. 1983). “Section 45-5-102, MCA. Here the State recognized during trial that the jury could not convict Adam of both the crime of aiding and abetting Arrow in the homicide and the crime of attempted aggravated assault.”
Mont. Code Ann. § 45-5-102(1)(c): 1 case
Planned Parenthood v. State, 2025 MT 120 (Mont. 2025).
Mont. Code Ann. § 45-5-102(1985): 1 case
State v. Ramseur, 524 A.2d 188 (N.J. 1987).
Mont. Code Ann. § 45-5-102(2): 31 cases
State v. Garrymore, 2006 MT 245 (Mont. 2006). “bility restriction pursuant to § 46-18-202(2), MCA (2001), violate Garrymore's federal and state constitutional and statutory rights to jury trial and due process? BACKGROUND ¶ 5 After an incident on January 2, 2003, left nearly two-year-old Tylin Garrymore dead, the State…”
State v. Kotwicki, 2007 MT 17 (Mont. 2007). “Garrymore contended that his sentence exceeded statutory parameters authorized by § 45-5-102(2), MCA, and violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution and Article II of the Montana Constitution.”
State v. Rosling, 2008 MT 62 (Mont. 2008). “In other words, life imprisonment without the possibility of parole is within the range of punishments authorized by a jury's guilty verdict on a deliberate homicide charge under § 45-5-102(1), MCA. Furthermore, we concluded that this logic applied to both Garrymore's federal…”
State v. Gollehon, 864 P.2d 249 (Mont. 1993). “Section 45-5-102, MCA, describes when a person has committed deliberate homicide.”
D. Steilman v. Michael, 2017 MT 310 (Mont. 2017).
Mont. Code Ann. § 45-5-102(a): 9 cases
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). “Russell was punished for both the predicate offense, Wallin’s assault, and Gewanski’s homicide, when he was charged and convicted under § 45-5-102, MCA. 9 ¶29 Finally, under § 45-5-102, MCA, felony homicide is punishable by death, by life imprisonment, or by imprisonment for a…”
State v. Beach, 705 P.2d 94 (Mont. 1985).
State v. Gollehon, 864 P.2d 249 (Mont. 1993). “Section 45-5-102, MCA, describes when a person has committed deliberate homicide.”
In re B.D.C., 687 P.2d 655 (Mont. 1984).
State v. White, 2008 MT 129 (Mont. 2008).
Mont. Code Ann. § 45-5-102(b): 2 cases
State v. Weinberger, 671 P.2d 567 (Mont. 1983). “Section 45-5-102, MCA. Here the State recognized during trial that the jury could not convict Adam of both the crime of aiding and abetting Arrow in the homicide and the crime of attempted aggravated assault.”
State Ex Rel. Keyes v. Montana Thirteenth Jud. Dist. Court, 1998 MT 34 (Mont. 1998).
Mont. Code Ann. § 45-5-102(l)(a): 50 cases
State v. Garrymore, 2006 MT 245 (Mont. 2006). “bility restriction pursuant to § 46-18-202(2), MCA (2001), violate Garrymore's federal and state constitutional and statutory rights to jury trial and due process? BACKGROUND ¶ 5 After an incident on January 2, 2003, left nearly two-year-old Tylin Garrymore dead, the State…”
State v. Schmidt, 2009 MT 450 (Mont. 2009). “3d 476 , is dispositive and that the jury, having acquitted Schmidt of deliberate homicide (§ 45-5-102(1)(a), MCA), could not then logically find him guilty of mitigated deliberate homicide (§ 45-5-103(1), MCA).”
State v. Stout, 2010 MT 137 (Mont. 2010). “See § 45-5-102(1)(a), MCA (a person commits deliberate homicide if the person purposely or knowingly causes the death of another human being).”
State v. Burkhart, 2004 MT 372 (Mont. 2004). “" Section § 45-5-102, MCA. Montana's statute does not require the death to be "in furtherance" of the threshold crime, only that the homicide occur in the course of the enumerated forcible felony.”
State v. Morrisey, 2009 MT 201 (Mont. 2009).
Mont. Code Ann. § 45-5-102(l)(b): 35 cases
State v. Hicks, 2013 MT 50 (Mont. 2013).
State v. Burkhart, 2004 MT 372 (Mont. 2004). “" Section § 45-5-102, MCA. Montana's statute does not require the death to be "in furtherance" of the threshold crime, only that the homicide occur in the course of the enumerated forcible felony.”
State v. Cox, 879 P.2d 662 (Mont. 1994).
State v. Billedeaux, 2001 MT 9 (Mont. 2001).
State v. Gollehon, 864 P.2d 1257 (Mont. 1993).
Mont. Code Ann. § 45-5-102(lXb): 1 case
State v. Longneck, 640 P.2d 436 (Mont. 1981).
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.