Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 3. Kidnapping
Montana Code Annotated

Mont. Code Ann. § 45-5-302 (2026)

Kidnapping

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 3
  5. 45-5-302 Kidnapping

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 3. Kidnapping

Kidnapping

45-5-302. Kidnapping. (1) A person commits the offense of kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force.

(2) A person convicted of the offense of kidnapping shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

History: En. 94-5-302 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 7, Ch. 584, L. 1977; R.C.M. 1947, 94-5-302; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 5, Ch. 482, L. 1995.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1979–2024 · leading case: Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981).
Sort: Relevance Newest Treatment
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). · cites it 10× “The crime of kidnapping is provided for in § 45-5-302, MCA. The crime of aggravated kidnapping is provided for in § 45-5-303, MCA.”
State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 6× “However, count I, in addition, required proof of the death of the victim which count II did not; and count II required proof of a purpose to inflict bodily injury and terrorize the victim which count I did not.”
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990). · cites it 6× “" Section 45-5-302(1), MCA. Defendant was charged with aggravated kidnapping, committed with a purpose to inflict bodily injury or terrorize the victim, or in the alternative, aggravated kidnapping with the purpose to facilitate commission of any felony or flight thereafter.”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). · cites it 6× “" Section 45-5-302(1), MCA. Defendant was charged with aggravated kidnapping, committed with a purpose to inflict bodily injury or terrorize the victim.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). · cites it 3× “Law § 3-502(a) (Lexis Nexis 2002) (same); Mont. Code Ann. § 45-5-302 (1) (2005) (same); Okla.”
State v. Nichols, 734 P.2d 170 (Mont. 1987). · cites it 3× “” Section 45-5-302(1), MCA. Appellant admitted to restraining Kari, keeping her in an isolated location, and using and threatening to use physical force to do so.”
State v. C. L. Levine, 2024 MT 169 (Mont. 2024). · cites it 2× “2 Attempted Kidnapping in violation of § 45-5-302, MCA; Aggravated Assault in violation of § 45-5-202, MCA; and Criminal Destruction of or Tampering with a Communication Device in violation of § 45-6-105, MCA.”
United States v. Marlon Flores-Granados, 783 F.3d 487 (4th Cir. 2015). “17-A, § 301(1); Mont.Code Ann. §§ 45-5-302, -303; Nev.Rev.”
United States v. De Jesus Ventura, 565 F.3d 870 (D.C. Cir. 2009). “Law § 3-502 (same); Mont.Code Ann. § 45-5-302(1) (kidnapper must hold victim in a place of isolation or use or threaten to use physical force); W.”
State v. Martinez, 1998 MT 265 (Mont. 1998). · cites it 2× “¶8 Martinez was charged by amended information in the District Court with the offenses of kidnaping, a felony, in violation of § 45-5-302, MCA; felony assault, in violation of § 45-5-202, MCA; criminal possession of dangerous drugs, a felony, in violation of § 45-9-102, MCA; and…”
State v. Greytak, 865 P.2d 1096 (Mont. 1993). · cites it 2× “, in violation of § 45-6-204, MCA; kidnapping her in violation of § 45-5-302, MCA; and having sexual intercourse with her without her consent in violation of § 45-5-503, MCA.”
State v. Herrera, 643 P.2d 588 (Mont. 1982). · cites it 2× “Section 45-5-302, M.C.A. His argument fails for several reasons.”
Show all 24 citing cases →
— Mont. Code Ann. § 45-5-302(1) — 6 cases
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990). “" Section 45-5-302(1), MCA. Defendant was charged with aggravated kidnapping, committed with a purpose to inflict bodily injury or terrorize the victim, or in the alternative, aggravated kidnapping with the purpose to facilitate commission of any felony or flight thereafter.”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). “" Section 45-5-302(1), MCA. Defendant was charged with aggravated kidnapping, committed with a purpose to inflict bodily injury or terrorize the victim.”
United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir. 2007). “Law § 3-502(a) (Lexis Nexis 2002) (same); Mont. Code Ann. § 45-5-302 (1) (2005) (same); Okla.”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). “The crime of kidnapping is provided for in § 45-5-302, MCA. The crime of aggravated kidnapping is provided for in § 45-5-303, MCA.”
State v. Nichols, 734 P.2d 170 (Mont. 1987). “” Section 45-5-302(1), MCA. Appellant admitted to restraining Kari, keeping her in an isolated location, and using and threatening to use physical force to do so.”
— Mont. Code Ann. § 45-5-302(2) — 1 case
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). “The crime of kidnapping is provided for in § 45-5-302, MCA. The crime of aggravated kidnapping is provided for in § 45-5-303, 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.