Montana Code Annotated

Mont. Code Ann. § 45-5-207 (2026)

Criminal Endangerment -- Penalty

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 2. Assault and Related Offenses

Criminal Endangerment -- Penalty

45-5-207. Criminal endangerment -- penalty. (1) A person who knowingly engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of criminal endangerment. This conduct includes but is not limited to knowingly placing in a tree, log, or any other wood any steel, iron, ceramic, or other substance for the purpose of damaging a saw or other wood harvesting, processing, or manufacturing equipment.

(2) A high blood alcohol concentration, alone is not sufficient to support a criminal endangerment charge.

(3) A person convicted of the offense of criminal endangerment shall be fined an amount not to exceed $50,000 or imprisoned in the state prison for a term not to exceed 10 years, or both.

(4) As used in this section, "alcohol concentration" has the meaning provided in 61-8-1001.

History: En. Sec. 2, Ch. 196, L. 1987; amd. Sec. 1, Ch. 299, L. 1989; amd. Sec. 4, Ch. 321, L. 2017; amd. Sec. 22, Ch. 498, L. 2021.

Notes of Decisions

Cited in 147 cases (23 in the last 5 years), 1989–2026 · leading case: State v. C. Christensen, 2020 MT 237 (Mont. 2020).

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State v. C. Christensen, 2020 MT 237 (Mont. 2020). · cites it 36× “¶1 Chris Arthur Christensen appeals a judgment following a jury trial in Montana’s Twenty-First Judicial District Court, in which Christensen was found guilty of two counts of Negligent Homicide, felonies, in violation of § 45-5-104, MCA; nine counts of Criminal Endangerment,…”

State v. Lambert, 929 P.2d 846 (Mont. 1996). · cites it 44× “Although the dissent correctly states that when we interpret a statute we should neither insert what has been omitted nor omit what has been inserted, the dissent repeatedly omits critical language from § 45-5-207, MCA, when it discusses that statute.”

State v. Bell, 923 P.2d 524 (Mont. 1996). · cites it 54× “Bell was charged by information with two counts of criminal endangerment in violation of § 45-5-207, MCA, and one count of criminal possession of dangerous drugs in violation of § 45-9-102(2), MCA.”

Porter v. State, 2002 MT 319 (Mont. 2002). · cites it 20× “¶ 1 Appellant Steven Porter was convicted of criminal endangerment, a felony, in violation of § 45-5-207, MCA (1997), negligent endangerment, a misdemeanor, in violation of § 45-5-208, MCA (1997), and misdemeanor assault, in violation of § 45-5-201(1), MCA (1997), in the…”

State v. Hocevar, 2000 MT 157 (Mont. 2000). · cites it 22× “htm Count I: Attempted Deliberate Homicide, in violation of § 45-4-103, MCA; or, in the alternative to Count I only; Count II: Criminal Endangerment, in violation of § 45-5-207, MCA; Count III: Assault, in violation of § 45-5-201(1)(a) and (3), MCA; Count IV: Deliberate…”

State v. G'STOHL, 2010 MT 7 (Mont. 2010). · cites it 21× “¶1 Defendant Bryon G’Stohl appeals the ruling of the District Court for the Thirteenth Judicial District, Yellowstone County, denying G’Stohl’s motion to dismiss a charge of criminal endangerment and rejecting G’Stohl’s as-applied vagueness challenge to Montana’s criminal…”

State v. Lancione, 1998 MT 84 (Mont. 1998). · cites it 22× “¶1 Patrick Lancione was charged by information on June 7, 1996, with the offense of criminal endangerment, a felony, in violation of § 45-5-207, MCA. Lancione was tried by a jury in the Eighteenth Judicial District Court, Gallatin County, and found guilty.”

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. Ingraham, 1998 MT 156 (Mont. 1998). · cites it 12× “¶ 26 On October 30, 1995, the State filed an information charging Ingraham with the felony counts of negligent homicide, in violation of § 45-5-104(1), MCA, and criminal endangerment, in violation of § 45-5-207(1), MCA. The information additionally charged Ingraham with one…”

State v. Smaage, 915 P.2d 192 (Mont. 1996). · cites it 15× “Smaage moved to dismiss the charge of criminal endangerment on the ground that the criminal endangerment statute, § 45-5-207, MCA, was inapplicable to the facts of this case.”

State v. Hoffman, 2003 MT 26 (Mont. 2003). · cites it 10× “2d 626 , which I believe incorrectly interpreted § 46-1-202(8)(c), MCA, Hoffman was at least, in this case, entitled to an instruction that the jury could find him guilty of the lesser included offense of criminal endangerment in violation of § 45-5-207, MCA (1997). ¶ 56 A…”

State v. Beavers, 1999 MT 260 (Mont. 1999). · cites it 8× “We must consider each of these definitions separately in respect to the statutory definitions of the offenses involved.”

Show all 147 citing cases →

— Mont. Code Ann. § 45-5-207(1) — 44 cases

State v. Lambert, 929 P.2d 846 (Mont. 1996). “Although the dissent correctly states that when we interpret a statute we should neither insert what has been omitted nor omit what has been inserted, the dissent repeatedly omits critical language from § 45-5-207, MCA, when it discusses that statute.”

State v. Hocevar, 2000 MT 157 (Mont. 2000). “htm Count I: Attempted Deliberate Homicide, in violation of § 45-4-103, MCA; or, in the alternative to Count I only; Count II: Criminal Endangerment, in violation of § 45-5-207, MCA; Count III: Assault, in violation of § 45-5-201(1)(a) and (3), MCA; Count IV: Deliberate…”

State v. Ingraham, 1998 MT 156 (Mont. 1998). “¶ 26 On October 30, 1995, the State filed an information charging Ingraham with the felony counts of negligent homicide, in violation of § 45-5-104(1), MCA, and criminal endangerment, in violation of § 45-5-207(1), MCA. The information additionally charged Ingraham with one…”

Porter v. State, 2002 MT 319 (Mont. 2002). “¶ 1 Appellant Steven Porter was convicted of criminal endangerment, a felony, in violation of § 45-5-207, MCA (1997), negligent endangerment, a misdemeanor, in violation of § 45-5-208, MCA (1997), and misdemeanor assault, in violation of § 45-5-201(1), MCA (1997), in the…”

State v. Bekemans, 2013 MT 11 (Mont. 2013).

— Mont. Code Ann. § 45-5-207(2) — 3 cases

State v. Dodson, 2011 MT 302 (Mont. 2011).

State v. Nolan, 2003 MT 13 (Mont. 2003).

L. Hylton v. A. Scanton (Mont. 2021).

— Mont. Code Ann. § 45-5-207(3) — 3 cases

D. Marozzo v. State, 2020 MT 289N (Mont. 2020).

State v. T. Ortega (Mont. 2020).

State v. T. Ortega (Mont. 2021).

— Mont. Code Ann. § 45-5-207(l)(b) — 1 case

State v. Christina Nelson a K a Mar, 2014 MT 135 (Mont. 2014).

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