Montana Code Annotated

Mont. Code Ann. § 45-5-628 (2026)

Criminal Child Endangerment

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 6. Offenses Against the Family

Criminal Child Endangerment

45-5-628. Criminal child endangerment. (1) A person commits the offense of criminal child endangerment if the person purposely, knowingly, or negligently causes substantial risk of death or serious bodily injury to a child under 14 years of age by:

(a) failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition;

(b) placing a child in the physical custody of another who the person knows has previously purposely or knowingly caused bodily injury to a child;

(c) placing a child in the physical custody of another who the person knows has previously committed an offense against the child under 45-5-502 or 45-5-503;

(d) manufacturing or distributing dangerous drugs in a place where a child is present;

(e) operating a motor vehicle under the influence of alcohol or dangerous drugs in violation of 61-8-1002 or committing aggravated driving under the influence as defined in 61-8-1001 with a child in the vehicle; or

(f) failing to attempt to provide proper nutrition for a child, resulting in a medical diagnosis of nonorganic failure to thrive.

(2) A person may not be charged under subsection (1)(b) or (1)(c) if the person placed the child in the other person's custody pursuant to a court order.

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

(4) For purposes of this section, "nonorganic failure to thrive" means inadequate physical growth that is a result of insufficient nutrition and is not secondary to a diagnosed medical condition.

History: En. Sec. 1, Ch. 304, L. 2013; amd. Sec. 23, Ch. 498, L. 2021.

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 2018–2025 · leading case: State v. Freiburg, 419 P.3d 1234 (Mont. 2018).

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State v. Freiburg, 419 P.3d 1234 (Mont. 2018). · cites it 12× “e challenged the DUI and DUI per se offenses at trial, a theory that would have led to a complete acquittal if believed, he also challenged the greater Child Endangerment charge directly by providing evidence and argument that his driving did not "purposely, knowingly, or…”

State v. M. McCoy, 2021 MT 303 (Mont. 2021). · cites it 2× “” 2 The State originally charged McCoy with Criminal Child Endangerment under § 45-5-628(1)(d), MCA, as an alternative charge in Count 1.”

State v. Questo, 443 P.3d 401 (Mont. 2019). · cites it 2× “" The State filed a Second Amended Information, amending Count I to Criminal Child Endangerment, a felony in violation of § 45-5-628, MCA. Pursuant to a plea bargain agreement, Questo pled guilty to Count III, misdemeanor DUI per se, in violation of § 61-8-406, MCA, reserving…”

State v. L. Chain, 2020 MT 106N (Mont. 2020). · cites it 5× “Upon a determination that his blood at the time included an illegal level of the active chemical ingredient in marijuana (THC), Chain pled guilty under a plea agreement to criminal child endangerment, a felony in violation of § 45-5-628, MCA. The District Court ultimately…”

State v. D. Collins, 2021 MT 59N (Mont. 2021). · cites it 4× “¶2 Daniel Todd Collins appeals a jury verdict and judgment finding him guilty of two counts of Criminal Child Endangerment in violation of § 45-5-628, MCA. Collins argues that the District Court erred by denying his motion for a continuance to obtain expert witnesses; denying…”

State v. J. Canfield, 2024 MT 151N (Mont. 2024). · cites it 2× “¶2 Jarrid Keith Canfield appeals from his August 26, 2022 Judgment and Commitment for the offenses of Vehicular Homicide while Under the Influence pursuant to § 45-5-106, MCA, and Criminal Child Endangerment pursuant to § 45-5-628, MCA. We affirm. ¶3 On September 7, 2021,…”

State v. C. Lapointe, 2025 MT 124 (Mont. 2025). · cites it 2× “” Criminal Child Endangerment, § 45-5-628(1)(e), MCA (2019), requires a defendant to “operat[e] a motor vehicle under the influence .”

— Mont. Code Ann. § 45-5-628(1) — 1 case

State v. Freiburg, 419 P.3d 1234 (Mont. 2018). “e challenged the DUI and DUI per se offenses at trial, a theory that would have led to a complete acquittal if believed, he also challenged the greater Child Endangerment charge directly by providing evidence and argument that his driving did not "purposely, knowingly, or…”

— Mont. Code Ann. § 45-5-628(1)(d) — 1 case

State v. M. McCoy, 2021 MT 303 (Mont. 2021). “” 2 The State originally charged McCoy with Criminal Child Endangerment under § 45-5-628(1)(d), MCA, as an alternative charge in Count 1.”

— Mont. Code Ann. § 45-5-628(1)(e) — 2 cases

State v. C. Lapointe, 2025 MT 124 (Mont. 2025). “” Criminal Child Endangerment, § 45-5-628(1)(e), MCA (2019), requires a defendant to “operat[e] a motor vehicle under the influence .”

— Mont. Code Ann. § 45-5-628(3) — 1 case

State v. L. Chain, 2020 MT 106N (Mont. 2020). “Upon a determination that his blood at the time included an illegal level of the active chemical ingredient in marijuana (THC), Chain pled guilty under a plea agreement to criminal child endangerment, a felony in violation of § 45-5-628, MCA. The District Court ultimately…”

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