Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER · Part 1. Conduct Disruptive of Public Order
Montana Code Annotated

Mont. Code Ann. § 45-8-101 (2026)

Disorderly Conduct

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 8
  4. Part 1
  5. 45-8-101 Disorderly conduct

TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 1. Conduct Disruptive of Public Order

Disorderly Conduct

45-8-101. Disorderly conduct. (1) A person commits the offense of disorderly conduct if

the person knowingly disturbs the peace by:

(a) quarreling, challenging to fight, or fighting;

(b) making loud or unusual noises;

(c) using threatening, profane, or abusive language;

(d) rendering vehicular or pedestrian traffic impassable;

(e) rendering the free ingress or egress to public or private places impassable;

(f) disturbing or disrupting any lawful assembly or public meeting;

(g) transmitting a false report or warning of a fire or other catastrophe in a place where its occurrence would endanger human life;

(h) creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; or

(i) transmitting a false report or warning of an impending explosion in a place where its occurrence would endanger human life.

(2) Except as provided in subsection (3), a person convicted of the offense of disorderly conduct shall be fined an amount not to exceed $100 or be imprisoned in the county jail for a term not to exceed 10 days, or both.

(3) A person convicted of a violation of subsection (1)(i) shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

History: En. 94-8-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-101; amd. Sec. 1, Ch. 508, L. 1989; amd. Sec. 8, Ch. 415, L. 1991; amd. Sec. 1693, Ch. 56, L. 2009; amd. Sec. 1, Ch. 250, L. 2013; amd. Sec. 16, Ch. 321, L. 2017; amd. Sec. 2, Ch. 372, L. 2019; amd. Sec. 1, Ch. 767, L. 2023.

Notes of Decisions
Cited in 46 cases (7 in the last 5 years), 1985–2025 · leading case: City of Billings v. Batten, 705 P.2d 1120 (Mont. 1985).
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City of Billings v. Batten, 705 P.2d 1120 (Mont. 1985). · cites it 36× “*66 Defendant appeals his conviction for disorderly conduct, a violation of Section 45-8-101, MCA, following jury trials in both the City Court of Billings and subsequently in the District Court of the Thirteenth Judicial District, Yellowstone County.”
City of Whitefish v. O'SHAUGHNESSY, 704 P.2d 1021 (Mont. 1985). · cites it 26× “" Section 45-8-101, MCA provides: " Disorderly conduct.”
Kleinsasser v. State, 42 P.3d 801 (Mont. 2002). · cites it 18× “To that end, the State argues that the observed behavior was a violation of § 45-8-101, MCA, the statute defining disorderly conduct.”
State v. Compas, 1998 MT 140 (Mont. 1998). · cites it 30× “Does § 45-8-101, MCA, as applied in this case, violate Compás’ free speech rights under the First Amendment to the United States Constitution? ¶5 Chan and Pam Libbey (the Libbeys) developed, own and operate the Yellowstone Edge RV Park (RV Park) located in the Paradise Valley of…”
State v. Tara Ashmore, 2008 MT 14 (Mont. 2008). · cites it 20× “*133 Hoke then issued her a citation for Unnecessary Use of a Horn or Other Warning Device, and also for Disorderly Conduct, a misdemeanor in violation of § 45-8-101, MCA. Ashmore threw the citation on the passenger seat of the vehicle, directed another obscene expletive towards…”
City of Billings v. Nelson, 2014 MT 98 (Mont. 2014). · cites it 18× “¶2 Nelson presents the following issues for review: ¶3 Issue One: Whether the disorderly conduct statute, § 45-8-101, MCA, requires proof that the peace of more than one person was disturbed.”
City of Missoula v. Girard, 2013 MT 168 (Mont. 2013). · cites it 12× “¶1 The Missoula Municipal Court found John Steven Girard guilty of disorderly conduct, a misdemeanor, in violation of § 45-8-101, MCA. Girard appealed to the Fourth Judicial District Court, Missoula County, which affirmed the conviction.”
State v. Robinson, 2003 MT 364 (Mont. 2003). · cites it 8× “” McGinnis arrested Robinson for disorderly conduct, in violation of § 45-8-101, MCA. ¶5 Robinson filed a motion to dismiss in Justice Court, arguing that his statements to McGinnis were protected speech under the “free speech” provisions of the United States Constitution and…”
State v. Dugan, 2013 MT 38 (Mont. 2013). · cites it 8× “Next, we concluded that the disorderly conduct statute, § 45-8-101, MCA, was not unconstitutionally vague or overbroad.”
State v. Ytterdahl, 721 P.2d 757 (Mont. 1986). · cites it 17× “” The pertinent language of Section 45-8-101, MCA, follows: “Disorderly conduct.”
City of Kalispell v. Cameron, 2002 MT 78 (Mont. 2002). · cites it 4× “¶ 22 While Cameron may have been guilty of disorderly conduct for directing at Officer Zimmerman a profane epithet— see § 45-8-101(1)(c), MCA—Cameron was not guilty of the offense actually charged, namely obstruction of a peace officer.”
State v. Dunn, 2007 MT 296 (Mont. 2007). · cites it 4× “Pursuant to § 45-8-101(1)(b), MCA, Dunn was effectively engaged in disorderly conduct by "making loud or unusual noises" that were disturbing the peace of the neighborhood.”
Show all 46 citing cases →
— Mont. Code Ann. § 45-8-101(1) — 8 cases
City of Whitefish v. O'SHAUGHNESSY, 704 P.2d 1021 (Mont. 1985). “" Section 45-8-101, MCA provides: " Disorderly conduct.”
City of Billings v. Batten, 705 P.2d 1120 (Mont. 1985). “*66 Defendant appeals his conviction for disorderly conduct, a violation of Section 45-8-101, MCA, following jury trials in both the City Court of Billings and subsequently in the District Court of the Thirteenth Judicial District, Yellowstone County.”
State v. Robinson, 2003 MT 364 (Mont. 2003). “” McGinnis arrested Robinson for disorderly conduct, in violation of § 45-8-101, MCA. ¶5 Robinson filed a motion to dismiss in Justice Court, arguing that his statements to McGinnis were protected speech under the “free speech” provisions of the United States Constitution and…”
State v. Compas, 1998 MT 140 (Mont. 1998). “Does § 45-8-101, MCA, as applied in this case, violate Compás’ free speech rights under the First Amendment to the United States Constitution? ¶5 Chan and Pam Libbey (the Libbeys) developed, own and operate the Yellowstone Edge RV Park (RV Park) located in the Paradise Valley of…”
State v. Neal E. Fehringer, 2013 MT 10 (Mont. 2013).
— Mont. Code Ann. § 45-8-101(1)(a) — 4 cases
State v. Lowery, 759 P.2d 158 (Mont. 1988).
State v. T. Ferris, 2022 MT 254N (Mont. 2022).
State v. Bear, 377 Mont. 48 (Mont. 2014).
State v. D. Baertsch, 2025 MT 143 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(1)(a)(iii) — 3 cases
State v. R. Zitnik, 2023 MT 131 (Mont. 2023).
State v. D. Baertsch, 2025 MT 143 (Mont. 2025).
State v. T. Ferris, 2022 MT 254N (Mont. 2022).
— Mont. Code Ann. § 45-8-101(1)(a)(vii) — 1 case
City of Missoula v. S. Charlie, 2025 MT 85 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(1)(a)(viii) — 1 case
City of Missoula v. S. Charlie, 2025 MT 85 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(1)(b) — 3 cases
State v. Dunn, 2007 MT 296 (Mont. 2007). “Pursuant to § 45-8-101(1)(b), MCA, Dunn was effectively engaged in disorderly conduct by "making loud or unusual noises" that were disturbing the peace of the neighborhood.”
State v. Felando, 810 P.2d 289 (Mont. 1991).
State v. D. Baertsch, 2025 MT 143 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(1)(c) — 5 cases
State v. Robinson, 2003 MT 364 (Mont. 2003). “” McGinnis arrested Robinson for disorderly conduct, in violation of § 45-8-101, MCA. ¶5 Robinson filed a motion to dismiss in Justice Court, arguing that his statements to McGinnis were protected speech under the “free speech” provisions of the United States Constitution and…”
City of Billings v. Nelson, 2014 MT 98 (Mont. 2014). “¶2 Nelson presents the following issues for review: ¶3 Issue One: Whether the disorderly conduct statute, § 45-8-101, MCA, requires proof that the peace of more than one person was disturbed.”
City of Kalispell v. Cameron, 2002 MT 78 (Mont. 2002). “¶ 22 While Cameron may have been guilty of disorderly conduct for directing at Officer Zimmerman a profane epithet— see § 45-8-101(1)(c), MCA—Cameron was not guilty of the offense actually charged, namely obstruction of a peace officer.”
State v. T. Dellar, 2025 MT 111 (Mont. 2025).
State v. D. Baertsch, 2025 MT 143 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(1)(g) — 1 case
State v. D. Baertsch, 2025 MT 143 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(1)(i) — 1 case
State v. D. Baertsch, 2025 MT 143 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(2) — 2 cases
State v. Good, 2004 MT 296 (Mont. 2004).
State v. Gobble, 222 P.3d 644 (Mont. 2009).
— Mont. Code Ann. § 45-8-101(3) — 1 case
City of Missoula v. S. Charlie, 2025 MT 85 (Mont. 2025).
— Mont. Code Ann. § 45-8-101(c) — 1 case
City of Columbia Falls v. Bennett, 806 P.2d 25 (Mont. 1991).
— Mont. Code Ann. § 45-8-101(d) — 1 case
Sullivan v. State, 2025 MT 65N (Mont. 2025).
— Mont. Code Ann. § 45-8-101(f) — 1 case
City of Helena v. Lewis, 860 P.2d 698 (Mont. 1993).
— Mont. Code Ann. § 45-8-101(i) — 1 case
State v. Tara Ashmore, 2008 MT 14 (Mont. 2008). “*133 Hoke then issued her a citation for Unnecessary Use of a Horn or Other Warning Device, and also for Disorderly Conduct, a misdemeanor in violation of § 45-8-101, MCA. Ashmore threw the citation on the passenger seat of the vehicle, directed another obscene expletive towards…”
— Mont. Code Ann. § 45-8-101(l)(a) — 3 cases
State v. Case, 2013 MT 192 (Mont. 2013).
State v. Lowery, 759 P.2d 158 (Mont. 1988).
State v. Tara Ashmore, 2008 MT 14 (Mont. 2008). “*133 Hoke then issued her a citation for Unnecessary Use of a Horn or Other Warning Device, and also for Disorderly Conduct, a misdemeanor in violation of § 45-8-101, MCA. Ashmore threw the citation on the passenger seat of the vehicle, directed another obscene expletive towards…”
— Mont. Code Ann. § 45-8-101(l)(b) — 3 cases
State v. Compas, 1998 MT 140 (Mont. 1998). “Does § 45-8-101, MCA, as applied in this case, violate Compás’ free speech rights under the First Amendment to the United States Constitution? ¶5 Chan and Pam Libbey (the Libbeys) developed, own and operate the Yellowstone Edge RV Park (RV Park) located in the Paradise Valley of…”
State v. Dunn, 2007 MT 296 (Mont. 2007). “Pursuant to § 45-8-101(1)(b), MCA, Dunn was effectively engaged in disorderly conduct by "making loud or unusual noises" that were disturbing the peace of the neighborhood.”
State v. Felando, 810 P.2d 289 (Mont. 1991).
— Mont. Code Ann. § 45-8-101(l)(c) — 4 cases
City of Billings v. Nelson, 2014 MT 98 (Mont. 2014). “¶2 Nelson presents the following issues for review: ¶3 Issue One: Whether the disorderly conduct statute, § 45-8-101, MCA, requires proof that the peace of more than one person was disturbed.”
City of Kalispell v. Cameron, 2002 MT 78 (Mont. 2002). “¶ 22 While Cameron may have been guilty of disorderly conduct for directing at Officer Zimmerman a profane epithet— see § 45-8-101(1)(c), MCA—Cameron was not guilty of the offense actually charged, namely obstruction of a peace officer.”
City of Columbia Falls v. Bennett, 806 P.2d 25 (Mont. 1991).
State v. Stringer, 868 P.2d 588 (Mont. 1994).
— Mont. Code Ann. § 45-8-101(l)(g) — 2 cases
State v. Ytterdahl, 721 P.2d 757 (Mont. 1986). “” The pertinent language of Section 45-8-101, MCA, follows: “Disorderly conduct.”
State v. Compas, 1998 MT 140 (Mont. 1998). “Does § 45-8-101, MCA, as applied in this case, violate Compás’ free speech rights under the First Amendment to the United States Constitution? ¶5 Chan and Pam Libbey (the Libbeys) developed, own and operate the Yellowstone Edge RV Park (RV Park) located in the Paradise Valley of…”
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