Montana Code Annotated

Mont. Code Ann. § 45-7-206 (2026)

Tampering With Witnesses And Informants

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 2. Perjury and Other Falsification in Official Matters

Tampering With Witnesses And Informants

45-7-206. Tampering with witnesses and informants. (1) A person commits the offense of tampering with witnesses and informants if, believing that an official proceeding or investigation is pending or about to be instituted, the person purposely or knowingly attempts to induce or otherwise cause a witness or informant to:

(a) testify or inform falsely;

(b) withhold any testimony, information, document, or thing;

(c) elude legal process summoning the witness or informant to testify or supply evidence; or

(d) not appear at any proceeding or investigation to which the witness or informant has been summoned.

(2) A person convicted of tampering with witnesses or informants shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

History: En. 94-7-207 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 27, Ch. 359, L. 1977; R.C.M. 1947, 94-7-207; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1683, Ch. 56, L. 2009.

Notes of Decisions
Cited in 47 cases (15 in the last 5 years), 1980–2026 · leading case: State v. Williams-Rusch, 928 P.2d 169 (Mont. 1996).
State v. Williams-Rusch, 928 P.2d 169 (Mont. 1996). · cites it 20× “*173 On November 18, 1992, the State moved to amend the information to include the alternative offense of conspiracy, a felony, in violation of §§ 45-9-101 and 45-4-102, MCA, and to add a charge of tampering with witnesses or informants, a felony, in violation of § 45-7-206,…”
State v. Stumpf, 609 P.2d 298 (Mont. 1980). · cites it 16× “Defendant William Stumpf appeals from a judgment of the Yellowstone County District Court whereby he was sentenced to three years imprisonment for the crime of tampering with witnesses (section 45-7-206, MCA). Defendant has two basic attacks on the statute itself.”
State v. D. Palafox, 2023 MT 26 (Mont. 2023). · cites it 11× “¶1 Domingo Jose Palafox (Palafox) appeals his conviction and sentence entered in the Nineteenth Judicial District Court, Lincoln County, for two counts of felony tampering with witnesses, in violation of § 45-7-206, MCA. We affirm. ¶2 We restate the following issues for review:…”
State v. Forsythe, 2017 MT 61 (Mont. 2017). · cites it 10× “He argued that the letters constituted confidential communication between spouses and were protected 1 Section 45-7-206, MCA, defines tampering with a witness and provides in part: (1) A person commits the offense of tampering with witnesses and informants if, believing that an…”
State v. Stephenson, 2008 MT 64 (Mont. 2008). · cites it 8× “FACTUAL AND PROCEDURAL BACKGROUND ¶ 2 On February 14, 2006, Stephenson, represented by counsel, entered into a plea agreement wherein Stephenson agreed to plead guilty to the offenses of two counts of partner or family member assault, misdemeanors, in violation of § 45-5-206,…”
State v. Mizenko, 2006 MT 11 (Mont. 2006). · cites it 4× “¶ 187 Second, the concurrence states that "an accused must not be allowed to hide behind the Constitution by intimidating witnesses.”
State v. Woods, 716 P.2d 624 (Mont. 1986). · cites it 8× “Whether Section 45-7-206(1), MCA, violates the appellant’s state and federal constitutional rights of freedom of expression and due process of law.”
State v. Crider, 2014 MT 139 (Mont. 2014). · cites it 3× “eals from the judgment of the Montana First Judicial District Court, Lewis and Clark County, following his jury conviction for felony Sexual Intercourse Without Consent in violation of § 45-5-503(1), MCA; misdemeanor Partner or Family Member Assault (PFMA) (second offense) in…”
State v. Hauer, 2012 MT 120 (Mont. 2012). · cites it 4× “misdemeanor counts of Partner or Family Member Assault (PFMA) in violation of § 45-5-206, MCA; one misdemeanor count of Unlawful Restraint in violation of § 45-5-301, MCA; one felony count of Aggravated Assault in violation of § 45-5-202, MCA; one felony count of Assault with a…”
A. Golie v. State, 2017 MT 191 (Mont. 2017). · cites it 10× “¶15 In contrast, witness tampering, § 45-7-206, MCA, criminalizes conduct, not a result.”
In re A.C., 2001 MT 126 (Mont. 2001). · cites it 2× “In her brief, Claudia makes a vague reference to § 45-7-206(1), MCA, Montan a’s witness tampering statute, apparently suggesting that the deputy county attorney and/or Social Worker Roller illegally induced Claudia’s absence from the proceeding.”
State v. Tilly, 737 P.2d 484 (Mont. 1987). · cites it 6× “The State filed an amended information on August 8, 1986, charging defendant with tampering with a witness in violation of Section 45-7-206, MCA. The District Court severed this charge (Count II) from the sexual intercourse without consent change (Count I), on August 28, 1986.”
— Mont. Code Ann. § 45-7-206(1) — 8 cases
In re A.C., 2001 MT 126 (Mont. 2001). “In her brief, Claudia makes a vague reference to § 45-7-206(1), MCA, Montan a’s witness tampering statute, apparently suggesting that the deputy county attorney and/or Social Worker Roller illegally induced Claudia’s absence from the proceeding.”
A. Golie v. State, 2017 MT 191 (Mont. 2017). “¶15 In contrast, witness tampering, § 45-7-206, MCA, criminalizes conduct, not a result.”
State v. Woods, 716 P.2d 624 (Mont. 1986). “Whether Section 45-7-206(1), MCA, violates the appellant’s state and federal constitutional rights of freedom of expression and due process of law.”
State v. Motarie, 2004 MT 285 (Mont. 2004).
State v. Maney, 2009 MT 17 (Mont. 2009).
— Mont. Code Ann. § 45-7-206(1)(a) — 5 cases
State v. J. Harrison, 2016 MT 271 (Mont. 2016).
State v. Crider, 2014 MT 139 (Mont. 2014). “eals from the judgment of the Montana First Judicial District Court, Lewis and Clark County, following his jury conviction for felony Sexual Intercourse Without Consent in violation of § 45-5-503(1), MCA; misdemeanor Partner or Family Member Assault (PFMA) (second offense) in…”
State v. Andress, 2013 MT 12 (Mont. 2013).
State v. T. Twoteeth, 2024 MT 254 (Mont. 2024).
State v. L. Harris, 2026 MT 14 (Mont. 2026).
— Mont. Code Ann. § 45-7-206(1)(b) — 4 cases
State v. D. Smith, 2020 MT 304 (Mont. 2020).
State v. T. Lafournaise, 2022 MT 36 (Mont. 2022).
State v. Damon, 2025 MT 12 (Mont. 2025).
State v. R. Sullivan, 2023 MT 53N (Mont. 2023).
— Mont. Code Ann. § 45-7-206(2) — 3 cases
State v. Stephenson, 2008 MT 64 (Mont. 2008). “FACTUAL AND PROCEDURAL BACKGROUND ¶ 2 On February 14, 2006, Stephenson, represented by counsel, entered into a plea agreement wherein Stephenson agreed to plead guilty to the offenses of two counts of partner or family member assault, misdemeanors, in violation of § 45-5-206,…”
State v. Stumpf, 609 P.2d 298 (Mont. 1980). “Defendant William Stumpf appeals from a judgment of the Yellowstone County District Court whereby he was sentenced to three years imprisonment for the crime of tampering with witnesses (section 45-7-206, MCA). Defendant has two basic attacks on the statute itself.”
Borra v. Bludworth (Mont. 2024).
— Mont. Code Ann. § 45-7-206(l)(a) — 5 cases
State v. Woods, 716 P.2d 624 (Mont. 1986). “Whether Section 45-7-206(1), MCA, violates the appellant’s state and federal constitutional rights of freedom of expression and due process of law.”
State v. Crider, 2014 MT 139 (Mont. 2014). “eals from the judgment of the Montana First Judicial District Court, Lewis and Clark County, following his jury conviction for felony Sexual Intercourse Without Consent in violation of § 45-5-503(1), MCA; misdemeanor Partner or Family Member Assault (PFMA) (second offense) in…”
State v. Tilly, 737 P.2d 484 (Mont. 1987). “The State filed an amended information on August 8, 1986, charging defendant with tampering with a witness in violation of Section 45-7-206, MCA. The District Court severed this charge (Count II) from the sexual intercourse without consent change (Count I), on August 28, 1986.”
State v. Moore, 836 P.2d 604 (Mont. 1992).
State v. Andress, 2013 MT 12 (Mont. 2013).
— Mont. Code Ann. § 45-7-206(lb) — 1 case
State v. Reeves, 373 Mont. 102 (Mont. 2013).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.