Montana Code Annotated

Mont. Code Ann. § 45-7-302 (2026)

Obstructing Peace Officer Or Other Public Servant

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 3. Obstructing Governmental Operations

Obstructing Peace Officer Or Other Public Servant

45-7-302. Obstructing peace officer or other public servant. (1) A person commits the offense of obstructing a peace officer or public servant if the person knowingly obstructs, impairs, or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of a governmental function, including service of process.

(2) It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, provided that the peace officer was acting under the peace officer's official authority.

(3) A person convicted of the offense of obstructing a peace officer or other public servant, including a person serving process, shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

History: En. 94-7-302 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-302; amd. Sec. 2, Ch. 69, L. 1997.

Notes of Decisions

Cited in 70 cases (21 in the last 5 years), 1979–2026 · leading case: City of Missoula v. Kroschel, 419 P.3d 1208 (Mont. 2018).

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City of Missoula v. Kroschel, 419 P.3d 1208 (Mont. 2018). · cites it 12× “Consistent with governing federal and state constitutional principles, a person may be subject to criminal liability for failing to comply with an officer's lawful request for such information.”

City of Kalispell v. Cameron, 2002 MT 78 (Mont. 2002). · cites it 18× “¶ 1 The Defendant, Jeffrey Cameron, was charged in Kalispell City Court with obstructing a peace officer in violation of § 45-7-302, MCA. Following trial, Cameron was found guilty as charged and the City Court imposed a fine and 30 day jail sentence.”

Anthony Reed v. Doug Lieurance, 863 F.3d 1196 (9th Cir. 2017). · cites it 2× “After a brief verbal exchange, in which Deputy Lieurance asked Reed why he parked where he parked “when [he had] been instructed to go to a different place,” and Reed protested that he was “not interfering with the haze” and “not breaking any law,” Deputy Lieurance cited Reed…”

City of Bozeman v. McCarthy, 447 P.3d 1048 (Mont. 2019). · cites it 6× “Whether sufficient evidence existed to sustain McCarthy's conviction for obstructing a peace officer as defined by § 45-7-302, MCA ? ¶2 We affirm. FACTUAL AND PROCEDURAL BACKGROUND ¶3 While walking home after midnight on May 25, 2015, Bozeman ***139 residents Christopher and…”

State v. Kalem Johnston, 2010 MT 152 (Mont. 2010). · cites it 6× “¶1 Kalem Johnston (Johnston) was convicted after a jury trial in the Tenth Judicial District Court, Fergus County, of obstructing a peace officer in violation of § 45-7-302, MCA. He appeals, and we reverse and remand for a new trial.”

State v. Baker, 2004 MT 393 (Mont. 2004). · cites it 7× “The officer then arrested Baker for misdemeanor obstruction of a peace officer in violation of § 45-7-302, MCA. The charge was later changed to attempted obstruction.”

State v. Hall, 1999 MT 297 (Mont. 1999). · cites it 4× “¶ 1 By Information filed in the District Court for the Eighteenth Judicial District in Gallatin County, the Defendant, Darrell Hall, was charged with: aggravated assault, a felony in violation of § 45-5-202, MCA; assault in violation of § 45-5-201, MCA; obstructing a peace…”

State v. Secrease, 2021 MT 212 (Mont. 2021). · cites it 3× “]" Section 45-7-302(1), MCA. "Knowingly" is also defined in Montana's criminal statutes: a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance…”

State v. Thornton, 708 P.2d 273 (Mont. 1985). · cites it 6× “Thornton guilty of obstructing a peace officer or other public servant, aggravated assault, and escape, in violation of Section 45-7-302, MCA, Section 45-5-202, MCA, and Section 45-7-306, MCA, respectively.”

Peschel v. City of Missoula, 664 F. Supp. 2d 1149 (D. Mont. 2009). · cites it 6× “Peschel was charged with, and prosecuted for, the misdemeanor offense of obstructing a peace officer in violation of Mont.Code Ann. § 45-7-302. Peschel was ultimately acquitted of the charge by a jury.”

State v. Lanegan, 2004 MT 134 (Mont. 2004). · cites it 4× “¶ 1 An Information filed January 17, 2003, charged Albert Allen Lanegan (Lanegan) with criminal possession of dangerous drugs, a felony in violation of § 45-9-102, MCA, criminal possession of drug paraphernalia, a misdemeanor in violation of § 45-10-103, MCA, and obstructing a…”

State v. Eisenzimer, 2014 MT 208 (Mont. 2014). · cites it 11× “¶1 Ryan William Eisenzimer appeals his conviction from the Ninth Judicial District Court, Pondera County, for obstructing a peace officer, a misdemeanor, in violation of § 45-7-302, MCA. We affirm. ISSUE ¶2 Whether the District Court erred when it denied Eisenzimer’s motion to…”

Show all 70 citing cases →

— Mont. Code Ann. § 45-7-302(1) — 28 cases

City of Missoula v. Kroschel, 419 P.3d 1208 (Mont. 2018). “Consistent with governing federal and state constitutional principles, a person may be subject to criminal liability for failing to comply with an officer's lawful request for such information.”

City of Kalispell v. Cameron, 2002 MT 78 (Mont. 2002). “¶ 1 The Defendant, Jeffrey Cameron, was charged in Kalispell City Court with obstructing a peace officer in violation of § 45-7-302, MCA. Following trial, Cameron was found guilty as charged and the City Court imposed a fine and 30 day jail sentence.”

State v. Secrease, 2021 MT 212 (Mont. 2021). “]" Section 45-7-302(1), MCA. "Knowingly" is also defined in Montana's criminal statutes: a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance…”

City of Bozeman v. McCarthy, 447 P.3d 1048 (Mont. 2019). “Whether sufficient evidence existed to sustain McCarthy's conviction for obstructing a peace officer as defined by § 45-7-302, MCA ? ¶2 We affirm. FACTUAL AND PROCEDURAL BACKGROUND ¶3 While walking home after midnight on May 25, 2015, Bozeman ***139 residents Christopher and…”

State v. Baker, 2004 MT 393 (Mont. 2004). “The officer then arrested Baker for misdemeanor obstruction of a peace officer in violation of § 45-7-302, MCA. The charge was later changed to attempted obstruction.”

— Mont. Code Ann. § 45-7-302(2) — 2 cases

City of Kalispell v. S. Doman, 2026 MT 15 (Mont. 2026).

City of Missoula v. B. Rana, 2022 MT 141N (Mont. 2022).

— Mont. Code Ann. § 45-7-302(3) — 1 case

— Mont. Code Ann. § 45-7-302(l) — 1 case

State v. Stanko (Mont. 1995).

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