Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION · Part 1. Bribery and Corrupt Influence
Montana Code Annotated

Mont. Code Ann. § 45-7-102 (2026)

Threats And Other Improper Influence In Official And Political Matters

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 7
  4. Part 1
  5. 45-7-102 Threats and other improper influence in official and political matters

TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 1. Bribery and Corrupt Influence

Threats And Other Improper Influence In Official And Political Matters

45-7-102. Threats and other improper influence in official and political matters. (1) A person commits an offense under this section if the person purposely or knowingly:

(a) (i) threatens harm to any person, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;

(ii) threatens harm to any public servant, to the public servant's spouse, child, parent, or sibling, or to the public servant's property with the purpose to influence the public servant's decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;

(iii) threatens harm to any public servant or party official, the person's spouse, child, parent, or sibling, or the person's property with the purpose to influence the person to violate the person's duty or to prevent the public servant or party official from accepting or holding any public office;

(iv) privately addresses to any public servant who has or will have official discretion in a judicial or administrative proceeding any representation, entreaty, argument, or other communication designed to influence the outcome on the basis of considerations other than those authorized by law;

(v) as a juror or officer in charge of a jury receives or permits to be received any communication relating to any matter pending before the jury, except according to the regular course of proceedings; or

(b) injures the person or property of a public servant or injures the servant's spouse, child, parent, or sibling because of the public servant's lawful discharge of the duties of the office or to prevent the public servant from discharging the public servant's official duties.

(2) It is no defense to prosecution under subsections (1)(a)(i) through (1)(a)(iv) and (1)(b) that a person whom the offender sought to influence was not qualified to act in the desired way, whether because the person had not yet assumed office or lacked jurisdiction or for any other reason.

(3) A person convicted under this section shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

History: En. 94-7-103 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 25, Ch. 359, L. 1977; R.C.M. 1947, 94-7-103; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 351, L. 1995.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1997–2023 · leading case: State v. G. Spottedbear, 2016 MT 243 (Mont. 2016).
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State v. G. Spottedbear, 2016 MT 243 (Mont. 2016). · cites it 18× “He asserts that we should review the statute because his trial counsel rendered ineffective assistance by failing to raise the constitutional issue below, because this Court may exercise plenary review of constitutional rights violations even where no objection has been made,…”
State v. Clifford, 2005 MT 219 (Mont. 2005). · cites it 8× “¶ 1 The jury found Cheryl Clifford (Cheryl) guilty of tampering with or fabricating physical evidence in violation of § 45-7-207, MCA (1995), and threats and other improper influence in official and political matters in violation of § 45-7-102(1)(a)(ii), MCA (1999). Cheryl…”
State v. Heffner, 1998 MT 181 (Mont. 1998). · cites it 14× “Heffner (Appellants), father and son, were charged with threats and other improper influence in official and political matters, a felony, in violation of § 45-7-102(l)(b), MCA. Appellants were tried simultaneously in the Twentieth Judicial District Court, Lake County.”
State v. Keating, 949 P.2d 251 (Mont. 1997). · cites it 12× “Did the District Court abuse its discretion when it denied Keating’s motion for a directed verdict? The State charged Keating with threats in official matters under § 45-7-102(1)(a)(i), MCA (1995), which provides: (1) A person commits an offense under this section if the person…”
State v. N. Hardin, 2023 MT 132 (Mont. 2023). · cites it 7× “The State charged Hardin with one count of threats and other improper influence in official and political matters in violation of § 45-7-102(1)(a)(i), MCA, and one count of misdemeanor driving under the influence in violation of § 61-8-401(1)(a) (2019), MCA.”
State v. Sanders, 1999 MT 136 (Mont. 1999). · cites it 4× “FACTUAL AND PROCEDURAL BACKGROUND ¶ 3 On January 21, 1997, the prosecution charged Sanders by information with one count of felony assault, in violation of § 45-5-202(2)(b), MCA, and one count of threatening a public servant, in violation of § 45-7-102(1)(a)(iii), MCA. The…”
State v. Cheatam, 2006 MT 260N (Mont. 2006). · cites it 6× “On February 1, 2005, Cheatam filed a motion to dismiss, arguing that the State had not alleged facts sufficient to charge him with the felony violation pursuant to § 45-7-102, MCA. The District Court denied the motion.”
State v. Ferguson, 377 Mont. 54 (Mont. 2014). · cites it 6× “On July 11,2013, the Defendant was sentenced for Count I: Improper Influence in Official and Political Matters, a felony, in violation of Section 45-7-102, MCA imposition of sentence on Count I shall be deferred for a period of Three (3) years; for Count VI: Assault with Bodily…”
State v. J.W.K., 2021 MT 53N (Mont. 2021). · cites it 2× “was arrested and charged with Threats or Other Improper Influence in Official and Political Matters, in violation of § 45-7-102, MCA. J.W.K. was appointed two attorneys from the Office of the State Public Defender.”
State v. Kelley, 373 Mont. 50 (Mont. 2013). · cites it 3× “On February 25, 2013, a Jury found the Defendant guilty of COUNT II: Threats/Improper Influence in Official and Political Matters, a felony, in violation of Section 45-7-102, MCA. On April 3, 2013, the Defendant was sentenced to Ten (10) years to the Department of Corrections,…”
— Mont. Code Ann. § 45-7-102(1)(a)(i) — 3 cases
State v. G. Spottedbear, 2016 MT 243 (Mont. 2016). “He asserts that we should review the statute because his trial counsel rendered ineffective assistance by failing to raise the constitutional issue below, because this Court may exercise plenary review of constitutional rights violations even where no objection has been made,…”
State v. Keating, 949 P.2d 251 (Mont. 1997). “Did the District Court abuse its discretion when it denied Keating’s motion for a directed verdict? The State charged Keating with threats in official matters under § 45-7-102(1)(a)(i), MCA (1995), which provides: (1) A person commits an offense under this section if the person…”
State v. N. Hardin, 2023 MT 132 (Mont. 2023). “The State charged Hardin with one count of threats and other improper influence in official and political matters in violation of § 45-7-102(1)(a)(i), MCA, and one count of misdemeanor driving under the influence in violation of § 61-8-401(1)(a) (2019), MCA.”
— Mont. Code Ann. § 45-7-102(1)(a)(ii) — 1 case
State v. Clifford, 2005 MT 219 (Mont. 2005). “¶ 1 The jury found Cheryl Clifford (Cheryl) guilty of tampering with or fabricating physical evidence in violation of § 45-7-207, MCA (1995), and threats and other improper influence in official and political matters in violation of § 45-7-102(1)(a)(ii), MCA (1999). Cheryl…”
— Mont. Code Ann. § 45-7-102(1)(a)(iii) — 2 cases
State v. Sanders, 1999 MT 136 (Mont. 1999). “FACTUAL AND PROCEDURAL BACKGROUND ¶ 3 On January 21, 1997, the prosecution charged Sanders by information with one count of felony assault, in violation of § 45-5-202(2)(b), MCA, and one count of threatening a public servant, in violation of § 45-7-102(1)(a)(iii), MCA. The…”
State v. Cheatam, 2006 MT 260N (Mont. 2006). “On February 1, 2005, Cheatam filed a motion to dismiss, arguing that the State had not alleged facts sufficient to charge him with the felony violation pursuant to § 45-7-102, MCA. The District Court denied the motion.”
— Mont. Code Ann. § 45-7-102(l)(a)(i) — 1 case
State v. Keating, 949 P.2d 251 (Mont. 1997). “Did the District Court abuse its discretion when it denied Keating’s motion for a directed verdict? The State charged Keating with threats in official matters under § 45-7-102(1)(a)(i), MCA (1995), which provides: (1) A person commits an offense under this section if the person…”
— Mont. Code Ann. § 45-7-102(l)(a)(ii) — 1 case
State v. Clifford, 2005 MT 219 (Mont. 2005). “¶ 1 The jury found Cheryl Clifford (Cheryl) guilty of tampering with or fabricating physical evidence in violation of § 45-7-207, MCA (1995), and threats and other improper influence in official and political matters in violation of § 45-7-102(1)(a)(ii), MCA (1999). Cheryl…”
— Mont. Code Ann. § 45-7-102(l)(a)(iii) — 1 case
State v. Sanders, 1999 MT 136 (Mont. 1999). “FACTUAL AND PROCEDURAL BACKGROUND ¶ 3 On January 21, 1997, the prosecution charged Sanders by information with one count of felony assault, in violation of § 45-5-202(2)(b), MCA, and one count of threatening a public servant, in violation of § 45-7-102(1)(a)(iii), MCA. The…”
— Mont. Code Ann. § 45-7-102(l)(b) — 1 case
State v. Heffner, 1998 MT 181 (Mont. 1998). “Heffner (Appellants), father and son, were charged with threats and other improper influence in official and political matters, a felony, in violation of § 45-7-102(l)(b), MCA. Appellants were tried simultaneously in the Twentieth Judicial District Court, Lake County.”
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