Montana Code Annotated

Mont. Code Ann. § 45-7-307 (2026)

Transferring Illegal Articles -- Unauthorized Communication

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 3. Obstructing Governmental Operations

Transferring Illegal Articles -- Unauthorized Communication

45-7-307. Transferring illegal articles -- unauthorized communication. (1) (a) A person commits the offense of transferring illegal articles if the person knowingly or purposely transfers any illegal article or weapon to a person subject to official detention or is transferred any illegal article or weapon by a person subject to official detention.

(b) A person convicted of transferring illegal articles or a weapon shall be:

(i) imprisoned in a state prison for a term not to exceed 20 years, if the item transferred is a weapon;

(ii) imprisoned in a state prison for a term not to exceed 10 years, if the illegal article is a dangerous drug, as defined in 50-32-101; or

(iii) imprisoned in a state prison for a term not to exceed 13 months or be fined an amount not more than $1,500, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or from a person incarcerated in a state prison, as defined in 53-30-101, or be fined an amount not more than $100 or be imprisoned in the county jail for any term not to exceed 10 days, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or from a person incarcerated in a place other than a state prison.

(c) Subsection (1)(b)(iii) does not apply unless the offender knew or was given sufficient notice so that the offender reasonably should have known that the article conveyed was an illegal article.

(2) (a) A person commits the offense of unauthorized communication if the person knowingly or purposely communicates with a person subject to official detention without the consent of the person in charge of the official detention.

(b) A person convicted of the offense of unauthorized communication shall be fined an amount not to exceed $100 or imprisoned in the county jail for any term not to exceed 10 days, or both.

History: En. 94-7-307 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 28, Ch. 359, L. 1977; R.C.M. 1947, 94-7-307; amd. Sec. 1, Ch. 413, L. 1987; amd. Sec. 1, Ch. 144, L. 2001; amd. Sec. 22, Ch. 339, L. 2021.

Notes of Decisions

Cited in 4 cases, 1988–2017 · leading case: State v. Brown, 752 P.2d 204 (Mont. 1988).

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State v. Brown, 752 P.2d 204 (Mont. 1988). · cites it 3× “She was found guilty of conspiring to violate Section 45-7-307, MCA, by delivering a pistol to her husband, David Lee Brown, who was an inmate in the Montana State Prison.”

State v. Brunell, 2017 MT 77N (Mont. 2017). · cites it 15× “” Section 45-7-307(2)(a), MCA. ¶6 Brunell argues that § 45-7-307(2)(a), MCA, is unconstitutional on its face because it fails to give a person of ordinary intelligence fair notice that her contemplated conduct is forbidden.”

State v. Brunell, 2017 MT 199N (Mont. 2017). · cites it 5× “¶9 Although a warrant was issued authorizing the recording of Lebeau’s communications with Brunell, Brunell maintains that pursuant to § 45-7-307(2)(a), MCA, any communication with Lebeau absent consent from the person in charge of the official detention is unlawful and must be…”

State v. William Shegrud, 2013 MT 164N (Mont. 2013). · cites it 2× “He also pled guilty that year to transferring illegal articles, a felony, in violation of § 45-7-307, MCA, and received another six-year deferred sentence, to be served concurrently with his deferred sentence for the dangerous drug offense.”

— Mont. Code Ann. § 45-7-307(2)(a) — 2 cases

State v. Brunell, 2017 MT 77N (Mont. 2017). “” Section 45-7-307(2)(a), MCA. ¶6 Brunell argues that § 45-7-307(2)(a), MCA, is unconstitutional on its face because it fails to give a person of ordinary intelligence fair notice that her contemplated conduct is forbidden.”

State v. Brunell, 2017 MT 199N (Mont. 2017). “¶9 Although a warrant was issued authorizing the recording of Lebeau’s communications with Brunell, Brunell maintains that pursuant to § 45-7-307(2)(a), MCA, any communication with Lebeau absent consent from the person in charge of the official detention is unlawful and must be…”

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