Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 6. OFFENSES AGAINST PROPERTY · Part 2. Criminal Trespass and Burglary
Montana Code Annotated

Mont. Code Ann. § 45-6-203 (2026)

Criminal Trespass To Property

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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 6
  4. Part 2
  5. 45-6-203 Criminal trespass to property

TITLE 45. CRIMES

CHAPTER 6. OFFENSES AGAINST PROPERTY

Part 2. Criminal Trespass and Burglary

Criminal Trespass To Property

45-6-203. Criminal trespass to property. (1) Except as provided in 15-7-139, 70-16-111, 76-13-116, and subsection (4) of this section, a person commits the offense of criminal trespass to property if the person knowingly:

(a) enters or remains unlawfully in an occupied structure; or

(b) enters or remains unlawfully in or upon the premises of another.

(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

(3) A person convicted of or who forfeits bond or bail for committing an act of criminal trespass must be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture if the trespass occurs on:

(a) property owned or administered by the department of fish, wildlife, and parks; or

(b) any property, regardless of ownership, if the person is hunting, fishing, trapping, or collecting or attempting to collect antlers, antler sheds, or animal horns.

(4) It does not constitute criminal trespass when a person who lacks proof of vaccination or vaccination status or fails to wear a specific medical device, such as masks or other facial coverings, enters or remains in a public place paid for in whole or in part with taxpayer funds where proof of vaccination or use of medical devices, such as masks or other facial coverings, is required.

History: En. 94-6-203 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-203; amd. Sec. 1, Ch. 604, L. 1993; amd. Sec. 4, Ch. 5, L. 2003; amd. Sec. 2, Ch. 336, L. 2007; amd. Sec. 3, Ch. 121, L. 2009; amd. Sec. 83, Ch. 258, L. 2011; amd. Sec. 1, Ch. 527, L. 2021; amd. Sec. 1, Ch. 446, L. 2025.

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1979–2024 · leading case: City of Bozeman v. G. Lehrer, Jr., 2020 MT 55, 459 P.3d 850.
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City of Bozeman v. G. Lehrer, Jr., 2020 MT 55, 459 P.3d 850. · cites it 9× “Upon police contact, Lehrer stated, “I was walking around the fence, trying to figure out where the fence line was, and she was like ‘what are you doing in my yard?’” Lehrer was arrested and charged in Municipal Court with the offense of criminal trespass to property in…”
State v. Gladue, 1999 MT 1, 972 P.2d 827. · cites it 10× “Section 45-6-203(1)(a), MCA. A person enters or remains unlawfully in an occupied structure when he or she is not licensed, invited or privileged to do so.”
State v. Long, 700 P.2d 153 (Mont. 1985). · cites it 9× “He is indeed guilty of criminal trespass under § 45-6-203, MCA. The offense of criminal trespass of property is committed if a party knowingly enters or remains unlawfully in an occupied structure.”
Montana Cannabis Indus. Ass'n v. State, 2016 MT 44, 368 P.3d 1131. · cites it 4× “Under § 45-6-203, MCA, a person qualified to appraise or audit property for property tax purposes, a person qualified to survey land to delineate boundaries, or a firewarden exercising their duty are excepted from prosecution for criminal trespass by §§ 15-7-139, 70-16- 111, and…”
State v. Guillaume, 1999 MT 29, 975 P.2d 312. · cites it 4× “*314 ¶ 4 Guillaume was charged by information with felony assault, a violation of § 45-5-202(2)(b), MCA, and criminal trespass to property, a misdemeanor, a violation of § 45-6-203, MCA. A jury trial was held on January 27-28, 1997, and Guillaume was found guilty on all counts.”
State v. Hardy, 604 P.2d 792 (Mont. 1980). · cites it 6× “There is no evidence to support his conviction of burglary under section 45-6-204, MCA.”
State v. Allum, 2005 MT 150, 114 P.3d 233. · cites it 4× “Allum was charged on January 29, 2002, with criminal trespass to property in violation of § 45-6-203, MCA (2001). The substance of the charge, written on the standard "Notice to Appear and Complaint" form, states: that said defendant did purposely or knowingly or negligently…”
State v. G. Spottedbear, 2016 MT 243, 380 P.3d 810. · cites it 2× “3d 367 (quoting § 45-6-203(1), MCA). A person who is “licensed, invited, or otherwise privileged to do so” cannot be convicted of criminal trespass.”
State v. Ingraham, 1998 MT 156, 966 P.2d 103. · cites it 4× “The information additionally charged Ingraham with one count of criminal trespass to property, a misdemeanor, in violation of § 45-6-203(1)(a), MCA. Ingraham entered a plea of not guilty to each count at his November 1, 1995, arraignment.”
State v. Trujillo, 2008 MT 101, 180 P.3d 1153. · cites it 3× “” Section 45-6-203(1)(b), MCA (2005). A person enters or remains unlawfully in or upon any.”
State v. Dess, 602 P.2d 142 (Mont. 1979). · cites it 6× “I cannot fairly say that there is no reasonable possibility that the inadmissible confession contributed to appellant's conviction or that the error was harmless beyond a reasonable doubt.”
State v. Ostwald, 591 P.2d 646 (Mont. 1979). · cites it 3× “He was, therefore, either guilty of the offense charged or entitled to an acquittal.”
Show all 30 citing cases →
Mont. Code Ann. § 45-6-203(1): 4 cases
State v. G. Spottedbear, 2016 MT 243, 380 P.3d 810. “3d 367 (quoting § 45-6-203(1), MCA). A person who is “licensed, invited, or otherwise privileged to do so” cannot be convicted of criminal trespass.”
Ingraham v. State, 945 P.2d 19 (Mont. 1997).
State v. S. Frydenlund, 2024 MT 187, 555 P.3d 247.
Spreadbury v. Bitterroot Pub. Library, 862 F. Supp. 2d 1054 (D. Mont. 2012).
Mont. Code Ann. § 45-6-203(1)(a): 3 cases
State v. Gladue, 1999 MT 1, 972 P.2d 827. “Section 45-6-203(1)(a), MCA. A person enters or remains unlawfully in an occupied structure when he or she is not licensed, invited or privileged to do so.”
State v. Ingraham, 1998 MT 156, 966 P.2d 103. “The information additionally charged Ingraham with one count of criminal trespass to property, a misdemeanor, in violation of § 45-6-203(1)(a), MCA. Ingraham entered a plea of not guilty to each count at his November 1, 1995, arraignment.”
In Re Kj, 2010 MT 41, 231 P.3d 75.
Mont. Code Ann. § 45-6-203(1)(b): 1 case
State v. Trujillo, 2008 MT 101, 180 P.3d 1153. “” Section 45-6-203(1)(b), MCA (2005). A person enters or remains unlawfully in or upon any.”
Mont. Code Ann. § 45-6-203(l)(a): 5 cases
State v. Gladue, 1999 MT 1, 972 P.2d 827. “Section 45-6-203(1)(a), MCA. A person enters or remains unlawfully in an occupied structure when he or she is not licensed, invited or privileged to do so.”
State v. Ingraham, 1998 MT 156, 966 P.2d 103. “The information additionally charged Ingraham with one count of criminal trespass to property, a misdemeanor, in violation of § 45-6-203(1)(a), MCA. Ingraham entered a plea of not guilty to each count at his November 1, 1995, arraignment.”
State v. Crabb, 756 P.2d 1120 (Mont. 1988).
In re K.J., 2010 MT 41, 231 P.3d 75.
State v. Joseph Carri Robertson, 2014 MT 279, 336 P.3d 367.
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