Montana Code Annotated

Mont. Code Ann. § 45-7-303 (2026)

Obstructing Justice

✓ 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 3. Obstructing Governmental Operations

Obstructing Justice

45-7-303. Obstructing justice. (1) For the purpose of this section "an offender" means a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.

(2) A person commits the offense of obstructing justice if, knowing another person is an offender, the person purposely:

(a) harbors or conceals an offender;

(b) warns an offender of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring an offender into compliance with the law;

(c) provides an offender with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension;

(d) prevents or obstructs by means of force, deception, or intimidation anyone from performing an act that might aid in the discovery or apprehension of an offender;

(e) suppresses by act of concealment, alteration, or destruction any physical evidence that might aid in the discovery or apprehension of an offender; or

(f) aids an offender who is subject to official detention to escape from official detention.

(3) A person convicted of obstructing justice shall be:

(a) imprisoned in the state prison for a term not to exceed 10 years if the offender has been or is liable to be charged with a felony; or

(b) fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, if the offender has been or is liable to be charged with a misdemeanor.

History: En. 94-7-303 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-303; amd. Sec. 1686, Ch. 56, L. 2009.

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1980–2026 · leading case: State v. Stucker, 1999 MT 14 (Mont. 1999).

Sort: Relevance Newest Treatment

State v. Stucker, 1999 MT 14 (Mont. 1999). · cites it 8× “Because there is sufficient evidence to support the verdict of a rational trier of fact that the events of April 12th were in violation of § 45-7-303, MCA, we will not disturb this finding on appeal.”

State v. Runs Above, 2003 MT 181 (Mont. 2003). · cites it 4× “¶11 On October 10, 2000, the Respondent, State of Montana, filed an information charging Rims Above with obstructing justice, a felony, in violation of § 45-7-303, MCA (1999), criminal mischief, a misdemeanor, in violation of § 45-6-101, MCA (1999), and criminal trespass to…”

State v. Beachman, 616 P.2d 337 (Mont. 1980). · cites it 3× “This appeal arises from a conviction of defendant of obstruction of justice, a felony, under section 45-7-303, MCA, in the Nineteenth Judicial District, Lincoln County, the Honorable Robert M.”

State v. K. Old Bull, 2017 MT 247 (Mont. 2017). · cites it 9× “The District Court sentenced Old Bull to ten years in the Montana Women’s Prison (MWP), parole restricted for the entire term, on her conviction for criminal endangerment in violation of § 45-5-207, MCA; and ten years in MWP, parole restricted for seven and one-half years, on…”

State v. Nordahl, 679 P.2d 241 (Mont. 1984). · cites it 3× “We recognize that purposely concealing physical evidence which may lead to the discovery or apprehension of an offender is a crime in itself, see Section 45-7-303(2)(e), MCA (obstructing justice).”

Silva v. Garland, 27 F.4th 95 (1st Cir. 2022). · cites it 2× “1 (1996); Mont. Code Ann. § 45-7-303 (2)(a)-(b) (1996); - 24 - N.”

State v. Maile, 2017 MT 154 (Mont. 2017). · cites it 4× “4 We recognize that, contrary to one of the warden’s contentions, there are no facts in the record to suggest that Maile could have been charged with Obstructing Justice under § 45-7-303, MCA. However, given that Maile does not argue, and we find nothing in the record to…”

State v. Nuessle, 2016 MT 335 (Mont. 2016). · cites it 11× “…defined as “a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.” Section 45-7-303(1), MCA.”

State v. Evans, 862 P.2d 417 (Mont. 1993). · cites it 3× “Section 45-7-303, MCA, provides in pertinent part: 45-7-303.”

Jean Pugin v. Merrick Garland, 19 F. 4th 437 (4th Cir. 2021). “§ 18-8-105 ; Mont. Code Ann. § 45-7-303 (a)–(b); Ohio Rev.”

Commonwealth v. Rivera, 121 N.E.3d 1121 (Mass. 2019). “any person from performing an act which might aid in the discovery or apprehension of [suspected offender]"); Mont. Code Ann. § 45-7-303 (same) ; N.H. Rev.”

Show all 17 citing cases →

— Mont. Code Ann. § 45-7-303(1) — 1 case

State v. Nuessle, 2016 MT 335 (Mont. 2016). “…defined as “a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.” Section 45-7-303(1), MCA.”

— Mont. Code Ann. § 45-7-303(2) — 1 case

State v. Stucker, 1999 MT 14 (Mont. 1999). “Because there is sufficient evidence to support the verdict of a rational trier of fact that the events of April 12th were in violation of § 45-7-303, MCA, we will not disturb this finding on appeal.”

— Mont. Code Ann. § 45-7-303(2)(a) — 1 case

— Mont. Code Ann. § 45-7-303(2)(c) — 2 cases

State v. Stucker, 1999 MT 14 (Mont. 1999).

— Mont. Code Ann. § 45-7-303(2)(e) — 1 case

State v. Nordahl, 679 P.2d 241 (Mont. 1984). “We recognize that purposely concealing physical evidence which may lead to the discovery or apprehension of an offender is a crime in itself, see Section 45-7-303(2)(e), MCA (obstructing justice).”

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.