Montana Code Annotated

Mont. Code Ann. § 45-5-221 (2026)

Malicious Intimidation Or Harassment Relating To Civil Or Human Rights -- 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

Malicious Intimidation Or Harassment Relating To Civil Or Human Rights -- Penalty

45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty. (1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities, the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:

(a) causes bodily injury to another;

(b) causes reasonable apprehension of bodily injury in another; or

(2) For purposes of this section, "deface" includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without the other person's permission.

(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.

History: En. Secs. 1, 2, Ch. 570, L. 1989; amd. Sec. 1656, Ch. 56, L. 2009.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1997–2023 · leading case: State v. Nye, 943 P.2d 96 (Mont. 1997).

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State v. Nye, 943 P.2d 96 (Mont. 1997). · cites it 58× “David Nathan Nye (Nye) was charged by information with the offense of malicious intimidation or harassment relating to civil or human rights, a felony, in violation of § 45-5-221, MCA. Nye pleaded guilty in the District Court for the Sixth Judicial District, Park County,…”

State v. Dugan, 2013 MT 38 (Mont. 2013). · cites it 10× “In Nye, a defendant challenged the statute setting forth the crime of malicious intimidation or harassment, § 45-5-221, MCA, as unconstitutionally vague.”

Galloway v. State, 781 A.2d 851 (Md. 2001). “2d 96, 101-02 (1997) (discussing Mont.Code Ann. § 45-5-221). As demonstrated in the above discussion, not all reviewing courts have felt comfortable that there is a common understanding as to the meaning of the words “annoy,” “alarm,” and “harass.”

Lipp v. State, 227 A.3d 818 (Md. Ct. Spec. App. 2020). “at 99 (quoting Mont. Code Ann. § 45-5-221 (1989)). The Supreme Court of Montana rejected Nye’s argument that this statute violated his First Amendment rights, stating that the purpose of the statute was “not to suppress the content of the communication,” but rather, “to prohibit…”

Vieke v. Heikkinen, 2005 MT 176N (Mont. 2005). · cites it 2× “However, he cites only § 45-5-221, MCA, which is Montana’s hate crimes statute, as granting him the right to attend a church of his choice without hindrance or harassment.”

State of Iowa v. Robert Clark Geddes (Iowa 2023). “at 99 (quoting Mont. Code Ann. § 45-5-221 (1)(c) (1995)).”

— Mont. Code Ann. § 45-5-221(2) — 1 case

State v. Nye, 943 P.2d 96 (Mont. 1997). “David Nathan Nye (Nye) was charged by information with the offense of malicious intimidation or harassment relating to civil or human rights, a felony, in violation of § 45-5-221, MCA. Nye pleaded guilty in the District Court for the Sixth Judicial District, Park County,…”

— Mont. Code Ann. § 45-5-221(3) — 1 case

— Mont. Code Ann. § 45-5-221(l)(c) — 1 case

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