Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION · Part 3. Obstructing Governmental Operations
Montana Code Annotated

Mont. Code Ann. § 45-7-306 (2026)

Escape

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 7
  4. Part 3
  5. 45-7-306 Escape

TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 3. Obstructing Governmental Operations

Escape

45-7-306. Escape. (1) (a) "Official detention" means placement of a person in the legal custody of a municipality, a county, or the state as a result of:

(i) a conviction for an offense or of having been charged with an offense;

(ii) the actual or constructive restraint or custody of a person by a peace officer pursuant to arrest, transport, or court order;

(iii) detention for extradition or deportation;

(iv) placement in a community corrections facility or program;

(v) supervision while under a supervised release program;

(vi) participation in a county jail work program under 7-32-2225 through 7-32-2227; or

(vii) any lawful detention for the purpose of the protection of the welfare of the person detained or for the protection of society.

(b) Official detention does not include supervision of a person on probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or a weapon to escape.

(2) A person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited time. A person also commits the offense of escape if the person is participating in a county jail work program under 7-32-2225 through 7-32-2227 and knowingly or purposely fails to appear for work at a time and place scheduled for participation in the program.

(3) A person convicted of the offense of escape shall be:

(a) imprisoned in the state prison for a term not to exceed 20 years if the person escapes by the use or threat of force, physical violence, a weapon, or a simulated weapon;

(b) imprisoned in the state prison for a term not to exceed 10 years if the person escapes after having been charged with or convicted of a felony; or

(c) fined an amount not to exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both, if the person escapes under circumstances other than those described in subsections (3)(a) and (3)(b).

History: En. 94-7-306 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-306; amd. Sec. 1, Ch. 72, L. 1981; amd. Sec. 8, Ch. 583, L. 1981; amd. Sec. 5, Ch. 361, L. 1989; amd. Sec. 1, Ch. 114, L. 1991; amd. Sec. 16, Ch. 554, L. 1991; amd. Sec. 1, Ch. 26, L. 1997.

Notes of Decisions
Cited in 42 cases (5 in the last 5 years), 1979–2025 · leading case: State v. Roundstone, 2011 MT 227 (Mont. 2011).
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State v. Roundstone, 2011 MT 227 (Mont. 2011). · cites it 47× “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
State v. Romannose, 931 P.2d 1304 (Mont. 1997). · cites it 46× “Did the District Court properly sentence Martin under § 45-7-306, MCA? FACTUAL AND PROCEDURAL BACKGROUND Defendant Martin Romannose (Martin) began serving a ten-year plus a three-year consecutive sentence at the Montana State Prison on February 6, 1991.”
State v. D. Ohl, 2022 MT 241 (Mont. 2022). · cites it 30× “Section 45-7-306(2), MCA, provides in relevant part that a “person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific…”
State v. Nelson, 910 P.2d 247 (Mont. 1996). · cites it 22× “Additionally, for that same incident, Nelson was charged with the offense of escape in violation of § 45-7-306, MCA (1991). Following his conviction of that charge by entry of an Alford plea, Nelson was sentenced to three years imprisonment to run consecutively with his existing…”
State v. Martin, 2001 MT 83 (Mont. 2001). · cites it 10× “See § 45-7-306(1)(a)(ii), MCA. Here, both parties agree that, absent an arrest, Martin could not be convicted of escape.”
State v. Thornton, 708 P.2d 273 (Mont. 1985). · cites it 16× “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. We affirm.”
State v. Savaria, 800 P.2d 696 (Mont. 1990). · cites it 36× “The information was later amended to charge a general violation of escape under § 45-7-306, MCA. Savaria entered a plea of guilty to the original charge, but changed his plea to not guilty after the State filed a notice of intent to have Savaria adjudged a persistent felony…”
State v. Chandler, 922 P.2d 1164 (Mont. 1996). · cites it 23× “He appeals an issue reserved, concerning the court’s denial of his motion to dismiss on the ground that a prerelease inmate is not subject to “official detention” within the meaning of the escape statute, § 45-7-306, MCA. We affirm. The issue is whether Chandler was lawfully…”
State v. Roberts, 912 P.2d 812 (Mont. 1996). · cites it 28× “The State of Montana (State) charged Roberts by information with felony escape under § 45-7-306, MCA. The information alleged that, on or about February 10, 1994, Roberts was an “inmate subject to official detention .”
State v. Bales, 1999 MT 334 (Mont. 1999). · cites it 9× “¶46 We have previously recognized that confinement in a prerelease center is an official detention under § 45-7-306, MCA, which defines the offense of escape.”
State v. Whiteshield, 605 P.2d 189 (Mont. 1980). · cites it 14× “Both had their furloughs revoked and were charged with a felony escape under section 45-7-306, MCA. The District Court dismissed the charges on the basis that walking away from a furlough is not a felony escape under the statute.”
State v. Therriault, 2000 MT 286 (Mont. 2000). · cites it 4× “" In other words, it was reasonable for Therriault, as an ISP "inmate," rather than an ordinary probationer, to expect that McCarty might gain entry into his unlocked residence at any time in an effort to find him, and that this conduct did not constitute a search.”
Show all 42 citing cases →
— Mont. Code Ann. § 45-7-306(1) — 7 cases
State v. Roundstone, 2011 MT 227 (Mont. 2011). “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
State v. Romannose, 931 P.2d 1304 (Mont. 1997). “Did the District Court properly sentence Martin under § 45-7-306, MCA? FACTUAL AND PROCEDURAL BACKGROUND Defendant Martin Romannose (Martin) began serving a ten-year plus a three-year consecutive sentence at the Montana State Prison on February 6, 1991.”
State v. Roberts, 912 P.2d 812 (Mont. 1996). “The State of Montana (State) charged Roberts by information with felony escape under § 45-7-306, MCA. The information alleged that, on or about February 10, 1994, Roberts was an “inmate subject to official detention .”
State v. Chandler, 922 P.2d 1164 (Mont. 1996). “He appeals an issue reserved, concerning the court’s denial of his motion to dismiss on the ground that a prerelease inmate is not subject to “official detention” within the meaning of the escape statute, § 45-7-306, MCA. We affirm. The issue is whether Chandler was lawfully…”
State v. D. Ohl, 2022 MT 241 (Mont. 2022). “Section 45-7-306(2), MCA, provides in relevant part that a “person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific…”
— Mont. Code Ann. § 45-7-306(1)(a) — 1 case
State v. D. Ohl, 2022 MT 241 (Mont. 2022). “Section 45-7-306(2), MCA, provides in relevant part that a “person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific…”
— Mont. Code Ann. § 45-7-306(1)(a)(ii) — 2 cases
State v. Martin, 2001 MT 83 (Mont. 2001). “See § 45-7-306(1)(a)(ii), MCA. Here, both parties agree that, absent an arrest, Martin could not be convicted of escape.”
State v. C. Flesch, 2024 MT 160 (Mont. 2024).
— Mont. Code Ann. § 45-7-306(1)(b) — 1 case
G. Wallace v. J. Kowalski (Mont. 2020).
— Mont. Code Ann. § 45-7-306(2) — 12 cases
State v. Martin, 2001 MT 83 (Mont. 2001). “See § 45-7-306(1)(a)(ii), MCA. Here, both parties agree that, absent an arrest, Martin could not be convicted of escape.”
State v. D. Ohl, 2022 MT 241 (Mont. 2022). “Section 45-7-306(2), MCA, provides in relevant part that a “person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific…”
State v. Roundstone, 2011 MT 227 (Mont. 2011). “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
State v. Roberts, 912 P.2d 812 (Mont. 1996). “The State of Montana (State) charged Roberts by information with felony escape under § 45-7-306, MCA. The information alleged that, on or about February 10, 1994, Roberts was an “inmate subject to official detention .”
State v. Thornton, 708 P.2d 273 (Mont. 1985). “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. We affirm.”
— Mont. Code Ann. § 45-7-306(3) — 4 cases
State v. Nelson, 910 P.2d 247 (Mont. 1996). “Additionally, for that same incident, Nelson was charged with the offense of escape in violation of § 45-7-306, MCA (1991). Following his conviction of that charge by entry of an Alford plea, Nelson was sentenced to three years imprisonment to run consecutively with his existing…”
State v. Savaria, 800 P.2d 696 (Mont. 1990). “The information was later amended to charge a general violation of escape under § 45-7-306, MCA. Savaria entered a plea of guilty to the original charge, but changed his plea to not guilty after the State filed a notice of intent to have Savaria adjudged a persistent felony…”
State v. Phelps, 2000 MT 18 (Mont. 2000).
State v. Savaria (Mont. 1990).
— Mont. Code Ann. § 45-7-306(3)(a) — 1 case
State v. Nelson, 910 P.2d 247 (Mont. 1996). “Additionally, for that same incident, Nelson was charged with the offense of escape in violation of § 45-7-306, MCA (1991). Following his conviction of that charge by entry of an Alford plea, Nelson was sentenced to three years imprisonment to run consecutively with his existing…”
— Mont. Code Ann. § 45-7-306(3)(b) — 8 cases
State v. Goulet, 921 P.2d 1245 (Mont. 1996).
State v. Kyle, 614 P.2d 1059 (Mont. 1980).
State v. D. Demarie, 2025 MT 115 (Mont. 2025).
State v. Kelly A. Frank, 2009 MT 176N (Mont. 2009).
State v. Frank, 2009 MT 176N (Mont. 2009).
— Mont. Code Ann. § 45-7-306(3)(b)(i) — 7 cases
State v. Nelson, 910 P.2d 247 (Mont. 1996). “Additionally, for that same incident, Nelson was charged with the offense of escape in violation of § 45-7-306, MCA (1991). Following his conviction of that charge by entry of an Alford plea, Nelson was sentenced to three years imprisonment to run consecutively with his existing…”
State v. Romannose, 931 P.2d 1304 (Mont. 1997). “Did the District Court properly sentence Martin under § 45-7-306, MCA? FACTUAL AND PROCEDURAL BACKGROUND Defendant Martin Romannose (Martin) began serving a ten-year plus a three-year consecutive sentence at the Montana State Prison on February 6, 1991.”
State v. Savaria, 800 P.2d 696 (Mont. 1990). “The information was later amended to charge a general violation of escape under § 45-7-306, MCA. Savaria entered a plea of guilty to the original charge, but changed his plea to not guilty after the State filed a notice of intent to have Savaria adjudged a persistent felony…”
State v. Goulet, 921 P.2d 1245 (Mont. 1996).
State v. Chandler, 922 P.2d 1164 (Mont. 1996). “He appeals an issue reserved, concerning the court’s denial of his motion to dismiss on the ground that a prerelease inmate is not subject to “official detention” within the meaning of the escape statute, § 45-7-306, MCA. We affirm. The issue is whether Chandler was lawfully…”
— Mont. Code Ann. § 45-7-306(3)(b)(ii) — 1 case
State v. Thornton, 708 P.2d 273 (Mont. 1985). “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. We affirm.”
— Mont. Code Ann. § 45-7-306(3)(c) — 3 cases
State v. Nelson, 910 P.2d 247 (Mont. 1996). “Additionally, for that same incident, Nelson was charged with the offense of escape in violation of § 45-7-306, MCA (1991). Following his conviction of that charge by entry of an Alford plea, Nelson was sentenced to three years imprisonment to run consecutively with his existing…”
State v. Savaria, 800 P.2d 696 (Mont. 1990). “The information was later amended to charge a general violation of escape under § 45-7-306, MCA. Savaria entered a plea of guilty to the original charge, but changed his plea to not guilty after the State filed a notice of intent to have Savaria adjudged a persistent felony…”
State v. Romannose, 931 P.2d 1304 (Mont. 1997). “Did the District Court properly sentence Martin under § 45-7-306, MCA? FACTUAL AND PROCEDURAL BACKGROUND Defendant Martin Romannose (Martin) began serving a ten-year plus a three-year consecutive sentence at the Montana State Prison on February 6, 1991.”
— Mont. Code Ann. § 45-7-306(l)(a) — 1 case
State v. Roundstone, 2011 MT 227 (Mont. 2011). “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
— Mont. Code Ann. § 45-7-306(l)(a)(i) — 1 case
State v. Roundstone, 2011 MT 227 (Mont. 2011). “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
— Mont. Code Ann. § 45-7-306(l)(a)(ii) — 1 case
State v. Martin, 2001 MT 83 (Mont. 2001). “See § 45-7-306(1)(a)(ii), MCA. Here, both parties agree that, absent an arrest, Martin could not be convicted of escape.”
— Mont. Code Ann. § 45-7-306(l)(a)(iv) — 1 case
State v. Roundstone, 2011 MT 227 (Mont. 2011). “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
— Mont. Code Ann. § 45-7-306(l)(b) — 2 cases
State v. Bales, 1999 MT 334 (Mont. 1999). “¶46 We have previously recognized that confinement in a prerelease center is an official detention under § 45-7-306, MCA, which defines the offense of escape.”
State v. Roundstone, 2011 MT 227 (Mont. 2011). “Is § 45-7-306, MCA, void for vagueness as applied to Roundstone? ¶4 III.”
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