Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 6. OFFENSES AGAINST PROPERTY · Part 1. Criminal Mischief and Arson

Mont. Code Ann. § 45-6-101

Criminal Mischief

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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 6
  4. Part 1
  5. 45-6-101 Criminal mischief

TITLE 45. CRIMES

CHAPTER 6. OFFENSES AGAINST PROPERTY

Part 1. Criminal Mischief and Arson

Criminal Mischief

45-6-101. Criminal mischief. (1) A person commits the offense of criminal mischief if the person knowingly or purposely:

(a) injures, damages, or destroys any property of another or public property without consent;

(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;

(c) damages or destroys property with the purpose to defraud an insurer; or

(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns.

(2) A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court.

(3) A person convicted of the offense of criminal mischief shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $1,500, injures or kills a commonly domesticated hoofed animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services, the offender 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) Amounts involved in criminal mischiefs committed pursuant to a common scheme or the same transaction, whether against the public or the same person or several persons, may be aggregated in determining pecuniary loss.

(5) A person convicted of or who forfeits bond or bail for committing an act of criminal mischief involving property owned or administered by the department of fish, wildlife, and parks shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for at least 24 months from the date of conviction or forfeiture.

History: En. 94-6-102 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 88, L. 1975; R.C.M. 1947, 94-6-102; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 3, Ch. 560, L. 1981; amd. Sec. 1, Ch. 581, L. 1983; amd. Sec. 1, Ch. 98, L. 1989; amd. Sec. 2, Ch. 616, L. 1993; amd. Sec. 3, Ch. 397, L. 1999; amd. Sec. 2, Ch. 121, L. 2009; amd. Sec. 2, Ch. 473, L. 2009; amd. Sec. 82, Ch. 258, L. 2011; amd. Sec. 5, Ch. 463, L. 2025.

Notes of Decisions
Cited in 83 cases (11 in the last 5 years), 1979–2026 · leading case: Matter of K.E.G. Youth
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Matter of K.E.G. Youth (2013) mont · cites it 94× “responds to this argument by pointing out that the Youth Court recognized it would be impossible for him to meet the restitution requirement, asserting that “[i]f Mont. Code Ann. § 45-6-101 (4) is the basis for the amount of restitution owed by K.”
State v. Gatts (1996) mont · cites it 36× “We restate the dispositive issue on appeal as follows: Does § 87-1-102(1), MCA (1993), limit penalties for fish and game-related violations to those provided in Title 87 and, thereby, preclude charging Gatts with the offense of felony criminal mischief under § 45-6-101, MCA? The…”
State v. Wolfe (1991) mont · cites it 32× “*342 On January 17, 1989, Wolfe was charged by information with one count of possession of explosives in violation of § 45-8-335, MCA (1987), and one count of criminal mischief in violation of § 45-6-101, MCA (1987). Wolfe was imprisoned at a federal prison in Oakdale,…”
Montana v. Fertterer (1992) mont · cites it 22× “Thus, reasonable persons would have realized that the conduct of destroying wild animals without the consent of the State, specifically violated § 45-6-101(1)(a), MCA.”
State v. Essig (2009) mont · cites it 8× “In April 2008, pursuant to a plea bargain, Essig pled guilty to four counts of criminal mischief in violation of § 45-6-101, MCA, and one count of stalking in violation of § 45-5-220(1)(a), MCA, all misdemeanors.”
City of Kalispell v. Salsgiver (2019) mont · cites it 5× “*508 **61 ¶1 Appellant Thomas Scott Salsgiver appeals the Order of the Eleventh Judicial District Court, Flathead County, affirming the decision and sentence of the Kalispell Municipal Court finding Salsgiver guilty of partner or family member assault (PFMA), in violation of §…”
State v. Kelley (2005) mont · cites it 5× “¶9 On September 18, 2003, the State filed an Information charging Kelley with one count of criminal mischief in violation of §45-6-101, MCA, one count of burglary in violation of §45-6-204, MCA, one count of criminal possession of dangerous drugs in violation of §45-9-102, MCA,…”
State v. Marler (2008) mont · cites it 8× “¶ 1 Coby James Marler (Marler) appeals his convictions in the Eighth Judicial District, Cascade County, for criminal mischief in violation of § 45-6-101(1)(a), MCA, and conspiracy to commit robbery in violation of §§ 45-4-102 and 45-5-401, MCA.”
State v. Hardy (1980) mont · cites it 6× “SHEEHY, Justice, dissenting: On the record, the defendant is guilty of a violation of section 45-6-203, MCA, criminal trespass to property, and perhaps a violation of section 45-6-101, MCA, criminal mischief and nothing more.”
State v. Blair (2004) mont · cites it 5× “¶ 1 Michael Blair (Blair) was convicted of Criminal Mischief, a felony, in violation of § 45-6-101, MCA. He appeals his conviction.”
State v. Paoni (2006) mont · cites it 4× “¶1 Joseph Paoni (Joseph) appeals his convictions from the District Court of the Twenty-First Judicial District, Ravalli County, for assault with a weapon, a felony in violation of § 45-5-213(1)(a), MCA; partner-family member assault, a misdemeanor in violation of §…”
United States v. Grob (2010) ca9 · cites it 4× “See Mont.Code Ann. § 45-6-101 (2009). Criminal mischief is not an enumerated offense under U.”
Show all 83 citing cases →
— Mont. Code Ann. § 45-6-101(1) — 9 cases
State v. Wolfe (1991) mont “*342 On January 17, 1989, Wolfe was charged by information with one count of possession of explosives in violation of § 45-8-335, MCA (1987), and one count of criminal mischief in violation of § 45-6-101, MCA (1987). Wolfe was imprisoned at a federal prison in Oakdale,…”
State v. Wise (2009) mont
State v. Schnittgen (1996) mont
United States v. Grob (2010) ca9 “See Mont.Code Ann. § 45-6-101 (2009). Criminal mischief is not an enumerated offense under U.”
City of Missoula v. S. Charlie (2025) mont
— Mont. Code Ann. § 45-6-101(1)(a) — 17 cases
Montana v. Fertterer (1992) mont “Thus, reasonable persons would have realized that the conduct of destroying wild animals without the consent of the State, specifically violated § 45-6-101(1)(a), MCA.”
State v. Marler (2008) mont “¶ 1 Coby James Marler (Marler) appeals his convictions in the Eighth Judicial District, Cascade County, for criminal mischief in violation of § 45-6-101(1)(a), MCA, and conspiracy to commit robbery in violation of §§ 45-4-102 and 45-5-401, MCA.”
State v. Paoni (2006) mont “¶1 Joseph Paoni (Joseph) appeals his convictions from the District Court of the Twenty-First Judicial District, Ravalli County, for assault with a weapon, a felony in violation of § 45-5-213(1)(a), MCA; partner-family member assault, a misdemeanor in violation of §…”
Matter of K.E.G. Youth (2013) mont “responds to this argument by pointing out that the Youth Court recognized it would be impossible for him to meet the restitution requirement, asserting that “[i]f Mont. Code Ann. § 45-6-101 (4) is the basis for the amount of restitution owed by K.”
State v. Marshall (2007) mont
— Mont. Code Ann. § 45-6-101(1)(b) — 1 case
Meine v. Hren Ranches (2020) mont
— Mont. Code Ann. § 45-6-101(2) — 3 cases
Matter of K.E.G. Youth (2013) mont “responds to this argument by pointing out that the Youth Court recognized it would be impossible for him to meet the restitution requirement, asserting that “[i]f Mont. Code Ann. § 45-6-101 (4) is the basis for the amount of restitution owed by K.”
United States v. Grob (2010) ca9 “See Mont.Code Ann. § 45-6-101 (2009). Criminal mischief is not an enumerated offense under U.”
State v. R. Arthun (2023) mont
— Mont. Code Ann. § 45-6-101(3) — 11 cases
City of Kalispell v. Salsgiver (2019) mont “*508 **61 ¶1 Appellant Thomas Scott Salsgiver appeals the Order of the Eleventh Judicial District Court, Flathead County, affirming the decision and sentence of the Kalispell Municipal Court finding Salsgiver guilty of partner or family member assault (PFMA), in violation of §…”
In re J.D.N. (2008) mont
State v. Wilson (2011) mont
State v. Fertterer (1993) mont
State v. Palmer (1983) mont
— Mont. Code Ann. § 45-6-101(4) — 4 cases
Matter of K.E.G. Youth (2013) mont “responds to this argument by pointing out that the Youth Court recognized it would be impossible for him to meet the restitution requirement, asserting that “[i]f Mont. Code Ann. § 45-6-101 (4) is the basis for the amount of restitution owed by K.”
In re B.W. (2014) mont
State v. R. Arthun (2023) mont
Matter of B.W. (2014) mont
— Mont. Code Ann. § 45-6-101(l) — 1 case
United States v. Grob (2010) ca9 “See Mont.Code Ann. § 45-6-101 (2009). Criminal mischief is not an enumerated offense under U.”
— Mont. Code Ann. § 45-6-101(l)(a) — 12 cases
State v. Blair (2004) mont “¶ 1 Michael Blair (Blair) was convicted of Criminal Mischief, a felony, in violation of § 45-6-101, MCA. He appeals his conviction.”
Montana v. Fertterer (1992) mont “Thus, reasonable persons would have realized that the conduct of destroying wild animals without the consent of the State, specifically violated § 45-6-101(1)(a), MCA.”
State v. Marler (2008) mont “¶ 1 Coby James Marler (Marler) appeals his convictions in the Eighth Judicial District, Cascade County, for criminal mischief in violation of § 45-6-101(1)(a), MCA, and conspiracy to commit robbery in violation of §§ 45-4-102 and 45-5-401, MCA.”
State v. Paoni (2006) mont “¶1 Joseph Paoni (Joseph) appeals his convictions from the District Court of the Twenty-First Judicial District, Ravalli County, for assault with a weapon, a felony in violation of § 45-5-213(1)(a), MCA; partner-family member assault, a misdemeanor in violation of §…”
State v. Tome (1987) mont
— Mont. Code Ann. § 45-6-101(lXa) — 2 cases
State v. Don Benton (2014) mont
State v. Holman (1997) mont
— Mont. Code Ann. § 45-6-101(lXc) — 1 case
State v. Johnson (1982) mont
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