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

Mont. Code Ann. § 45-7-309 (2026)

Criminal Contempt

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 7
  4. Part 3
  5. 45-7-309 Criminal contempt

TITLE 45. CRIMES

CHAPTER 7. OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 3. Obstructing Governmental Operations

Criminal Contempt

45-7-309. Criminal contempt. (1) A person commits the offense of criminal contempt when the person knowingly engages in any of the following conduct:

(a) disorderly, contemptuous, or insolent behavior committed during the sitting of a court in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority;

(b) breach of the peace, noise, or other disturbance directly tending to interrupt a court's proceeding;

(c) purposely disobeying or refusing any lawful process or other mandate of a court;

(d) unlawfully refusing to be sworn as a witness in any court proceeding or, after being sworn, refusing to answer any legal and proper interrogatory;

(e) purposely publishing a false or grossly inaccurate report of a court's proceeding;

(f) purposely failing to obey any mandate, process, or notice relative to juries issued pursuant to Title 3, chapter 15; or

(g) purposely failing to comply with the requirements of the 24/7 sobriety and drug monitoring program provided for in Title 44, chapter 4, part 12, if ordered by a court to participate in the program.

(2) A person convicted of the offense of criminal contempt 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. 94-7-309 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-309; amd. Sec. 1690, Ch. 56, L. 2009; amd. Sec. 7, Ch. 318, L. 2011; amd. Sec. 20, Ch. 55, L. 2015.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1980–2024 · leading case: State v. Michael Letasky, 2007 MT 51, 152 P.3d 1288.
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State v. Michael Letasky, 2007 MT 51, 152 P.3d 1288. · cites it 24× “The parties dispute whether the phrase "process or other mandate of the court" found in § 45-7-309(1)(c), MCA, encompasses a condition of a suspended sentence.”
State v. Spady, 2015 MT 218, 354 P.3d 590. · cites it 9× “Therefore, we decline to address the application of § 45-7-309, MCA, to the 24/7 Sobriety Program.”
Cross Guns v. Eighth Jud. Dist. Court, 2017 MT 144, 396 P.3d 133. · cites it 7× “¶12 Section 3-1-501(3), MCA, directs that a criminal contempt is punishable as set forth in § 45-7-309, MCA. Section 45-7-309, MCA, provides that “a person convicted of the offense of criminal contempt shall be fined not to exceed $500 or be imprisoned in the county jail for a…”
State v. D. Ohl, 2022 MT 241, 521 P.3d 759. · cites it 4× “¶22 While the mental state requirements of the two statutes are indistinguishable, the range of proscribed acts and accompanying concomitant status capable of constituting an escape are far narrower than for a criminal contempt.”
State v. Fife, 608 P.2d 1069 (Mont. 1980). · cites it 6× “See, section 45-7-309(c), MCA. Nowhere in the record did counsel request the court to order the sheriff's office to go and pick up Brohaugh as required by section 26-2-106, MCA.”
In Re the Contempt of Graveley, 614 P.2d 1033 (Mont. 1980). · cites it 3× “The punishment for a contempt under section 3-1-501, must not exceed five days in jail, or a fine of $500 or both.”
Montana Supreme Court Comm'n on the Unauthorized Practice of Law v. O'Neil, 2006 MT 284, 147 P.3d 200. · cites it 2× “O’Neil was not charged with criminal contempt under § 45-7-309, MCA, and the Commission did not ask for confinement or a fine.”
State v. Abrams, 680 P.2d 585 (Mont. 1984). · cites it 22× “Defendant appeals the judgment of the Sixteenth Judicial District Court (Rosebud County) finding him guilty of misdemeanor criminal contempt under section 45-7-309, MCA. We reverse and dismiss.”
State v. Larsen, 2018 MT 211, 425 P.3d 694. · cites it 2× “Further, the State argues that Officer Eller did have probable cause to arrest Larsen without a warrant for committing criminal contempt under § 45-7-309(1)(c), MCA. The motion to suppress therefore would not be obviously meritorious or arguably successful.”
Kauffman v. Montana Twenty-First Jud. Dist. Court, 1998 MT 239, 966 P.2d 715. · cites it 2× “Kauffman maintains that since her conduct can only be characterized as criminal contempt, Judge Langton was without jurisdiction to sanction her to jail without being prosecuted under Montana’s criminal contempt statute, § 45-7-309, MCA. ¶ 18 Judge Langton responds that he was…”
Huffine v. Montana Sixth Jud. Dist. Court, 945 P.2d 927 (Mont. 1997). · cites it 6× “In Montana, criminal contempt of court is proscribed at § 45-7-309, MCA. Prosecution for criminal contempt must be carried out pursuant to the procedures set forth in Title 46, MCA, to ensure that criminal penalties are not imposed on someone who has not been afforded the proper…”
State v. Pothier, 721 P.2d 1294 (N.M. 1986). “§ 9-1-17 (1972) 30 days, $100 Montana Mont.Code Ann. § 45-7-309 (1984) 6 months, $500 Nevada Nev.”
Show all 19 citing cases →
Mont. Code Ann. § 45-7-309(1): 1 case
State v. D. Ohl, 2022 MT 241, 521 P.3d 759. “¶22 While the mental state requirements of the two statutes are indistinguishable, the range of proscribed acts and accompanying concomitant status capable of constituting an escape are far narrower than for a criminal contempt.”
Mont. Code Ann. § 45-7-309(1)(c): 3 cases
State v. Michael Letasky, 2007 MT 51, 152 P.3d 1288. “The parties dispute whether the phrase "process or other mandate of the court" found in § 45-7-309(1)(c), MCA, encompasses a condition of a suspended sentence.”
State v. Larsen, 2018 MT 211, 425 P.3d 694. “Further, the State argues that Officer Eller did have probable cause to arrest Larsen without a warrant for committing criminal contempt under § 45-7-309(1)(c), MCA. The motion to suppress therefore would not be obviously meritorious or arguably successful.”
State v. J. Baldwin, 2024 MT 199, 555 P.3d 748.
Mont. Code Ann. § 45-7-309(2): 3 cases
State v. Michael Letasky, 2007 MT 51, 152 P.3d 1288. “The parties dispute whether the phrase "process or other mandate of the court" found in § 45-7-309(1)(c), MCA, encompasses a condition of a suspended sentence.”
Cross Guns v. Eighth Jud. Dist. Court, 2017 MT 144, 396 P.3d 133. “¶12 Section 3-1-501(3), MCA, directs that a criminal contempt is punishable as set forth in § 45-7-309, MCA. Section 45-7-309, MCA, provides that “a person convicted of the offense of criminal contempt shall be fined not to exceed $500 or be imprisoned in the county jail for a…”
State v. McAllister, 708 P.2d 239 (Mont. 1985).
Mont. Code Ann. § 45-7-309(c): 1 case
State v. Fife, 608 P.2d 1069 (Mont. 1980). “See, section 45-7-309(c), MCA. Nowhere in the record did counsel request the court to order the sheriff's office to go and pick up Brohaugh as required by section 26-2-106, MCA.”
Mont. Code Ann. § 45-7-309(l)(c): 1 case
State v. Michael Letasky, 2007 MT 51, 152 P.3d 1288. “The parties dispute whether the phrase "process or other mandate of the court" found in § 45-7-309(1)(c), MCA, encompasses a condition of a suspended sentence.”
Mont. Code Ann. § 45-7-309(l)(g): 1 case
State v. Spady, 2015 MT 218, 354 P.3d 590. “Therefore, we decline to address the application of § 45-7-309, MCA, to the 24/7 Sobriety Program.”
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