Montana Code Annotated

Mont. Code Ann. § 45-6-103 (2026)

Arson

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 6. OFFENSES AGAINST PROPERTY

Part 1. Criminal Mischief and Arson

Arson

45-6-103. Arson. (1) A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely:

(a) damages or destroys a structure, vehicle, personal property (other than a vehicle) that exceeds $1,500 in value, crop, pasture, forest, or other real property that is property of another without consent;

(b) damages or destroys a structure, vehicle, crop, pasture, forest, or other property that the person owns or has a possessory interest in, with the purpose of obtaining a pecuniary or other gain through fraud or deception; or

(c) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion.

(2) A person convicted of the offense of arson shall be imprisoned in the state prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.

History: En. 94-6-104 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 261, L. 1975; R.C.M. 1947, 94-6-104; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 590, L. 1985; amd. Sec. 1, Ch. 124, L. 1995; amd. Sec. 4, Ch. 397, L. 1999; amd. Sec. 3, Ch. 473, L. 2009.

Notes of Decisions

Cited in 30 cases (3 in the last 5 years), 1983–2024 · leading case: State v. Marks, 2002 MT 255 (Mont. 2002).

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State v. Marks, 2002 MT 255 (Mont. 2002). · cites it 12× “Marks with arson in violation of § 45-6-103, MCA. On January 4, 2001, the State filed an amended information charging Mr.”

State v. Gray, 659 P.2d 255 (Mont. 1983). · cites it 6× “Section 45-6-103(1), MCA, provides: "A person commits the offense of arson when, by means of fire or explosives, he knowingly or purposely: (a) damages or destroys an occupied structure which is property of another without consent; or (b) places another person in danger of death…”

United States v. Javier Velasquez-Reyes, A.K.A. Javier Alvarado-Hernandez, 427 F.3d 1227 (9th Cir. 2005). “§ 97-17-7 (West 2005); Mont.Code Ann. § 45-6-103 (2005); Neb.Rev.”

United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “§ 97-17-13(1); Mont Code Ann. § 45-6-103(1)(a); N.J. Stat Ann.”

State v. Chafee, 2014 MT 226 (Mont. 2014). · cites it 2× “On October 25, 2011, the State charged Chafee by information with accountability for arson, a felony, in violation of §§ 45-6-103, and -2-302, MCA, and accountability for theft, a felony, in violation of §§ 45-6-301(8) and -2-302, MCA.”

State v. Raugust, 2000 MT 146 (Mont. 2000). · cites it 2× “Whether comments made by the prosecutor during closing argument deprived Raugust of a fair trial? BACKGROUND ¶6 On August 12, 1997, Richard Raugust was charged by Information with four separate counts: Count I-deliberate homicide, a felony, *56 in violation of § 45-5-102(1)(a),…”

Hammer v. State, 2008 MT 342 (Mont. 2008). · cites it 2× “On February 13,2002, Denise Olsen, now known as Denise Hammer, was charged with one felony count of arson in violation of § 45-6-103, MCA, and with making a false report to law enforcement authorities, a misdemeanor in violation of § 45-7-205(b), MCA.”

Lane v. Farmers Union Ins., 1999 MT 252 (Mont. 1999). · cites it 2× “” In either respect, whether Brad Lane committed arson, as defined under § 45-6-103, MCA, or “intentionally” set the fire, we conclude that the record in its entirety simply does not provide sufficient, legitimate evidence to support either allegation, both of which, in the…”

State v. Boston, 889 P.2d 814 (Mont. 1994). · cites it 2× “In a related case, also commenced in the District Court for Silver Bow County, Boston was charged with three counts of arson in violation of § 45-6-103(1), MCA; and eight counts of felony theft and one count of misdemeanor theft, in violation of § 45-6-301(l)(b), MCA.”

State v. Langley, 369 P.3d 1005 (Mont. 2016). · cites it 2× “PROCEDURAL AND FACTUAL BACKGROUND ¶3 On February 6, 2014, the State charged Langley with one count of Arson, a felony, in violation of § 45-6-103(l)(a), MCA. Langley entered into a plea agreement with the State on January 22,2015.”

Raugust v. State, 2003 MT 367 (Mont. 2003). · cites it 2× “Did the District Court err in dismissing Raugust’s newly discovered evidence claim? *99 FACTUAL AND PROCEDURAL BACKGROUND ¶5 On March 26, 1998, following a jury trial, Raugust was found guilty of deliberate homicide, a felony, in violation of § 45-5-102(1), MCA (Count I);…”

United States v. Velez-Alderete, 569 F.3d 541 (5th Cir. 2009). “§ 97-17-7 (“any personal property of whatsoever class or character”); Mont.Code Ann. § 45-6-103 ("a structure, vehicle, personal property .”

Show all 30 citing cases →

— Mont. Code Ann. § 45-6-103(1) — 4 cases

State v. Gray, 659 P.2d 255 (Mont. 1983). “Section 45-6-103(1), MCA, provides: "A person commits the offense of arson when, by means of fire or explosives, he knowingly or purposely: (a) damages or destroys an occupied structure which is property of another without consent; or (b) places another person in danger of death…”

State v. Boston, 889 P.2d 814 (Mont. 1994). “In a related case, also commenced in the District Court for Silver Bow County, Boston was charged with three counts of arson in violation of § 45-6-103(1), MCA; and eight counts of felony theft and one count of misdemeanor theft, in violation of § 45-6-301(l)(b), MCA.”

State v. Enright, 1998 MT 322 (Mont. 1998).

State v. Boston, 889 P.2d 814 (Mont. 1995).

— Mont. Code Ann. § 45-6-103(1)(a) — 5 cases

United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “§ 97-17-13(1); Mont Code Ann. § 45-6-103(1)(a); N.J. Stat Ann.”

State v. Ellison, 2009 MT 408N (Mont. 2009).

State v. Lionel Ellison, 2009 MT 408N (Mont. 2009).

State v. J. Langley, 2016 MT 67 (Mont. 2016).

State v. J. Webb, Jr., 2021 MT 88N (Mont. 2021).

— Mont. Code Ann. § 45-6-103(1)(c) — 1 case

State v. J. Webb, Jr., 2021 MT 88N (Mont. 2021).

— Mont. Code Ann. § 45-6-103(2) — 1 case

State v. J. Webb, Jr., 2021 MT 88N (Mont. 2021).

— Mont. Code Ann. § 45-6-103(l)(a) — 2 cases

State v. Langley, 369 P.3d 1005 (Mont. 2016). “PROCEDURAL AND FACTUAL BACKGROUND ¶3 On February 6, 2014, the State charged Langley with one count of Arson, a felony, in violation of § 45-6-103(l)(a), MCA. Langley entered into a plea agreement with the State on January 22,2015.”

Ellison v. State of Montana, 2013 MT 376 (Mont. 2013).

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