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. § 45-8-102 (2026)

Failure Of Disorderly Persons To Disperse

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 8
  4. Part 1
  5. 45-8-102 Failure of disorderly persons to disperse

TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 1. Conduct Disruptive of Public Order

Failure Of Disorderly Persons To Disperse

45-8-102. Failure of disorderly persons to disperse. (1) Where one or more persons are engaged in disorderly conduct, a peace officer, judge, or mayor may order the participants to disperse. A person who purposely refuses or knowingly fails to obey such an order commits the offense of failure to disperse.

(2) A person convicted of the offense of failure to disperse shall be fined an amount not to exceed $100 or be imprisoned in the county jail for a term not to exceed 1 day, or both.

History: En. 94-8-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-102; amd. Sec. 17, Ch. 321, L. 2017.

Notes of Decisions
Cited in 2 cases, 1989–1999 · leading case: City of Chicago v. Morales, 527 U.S. 41 (1999).
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City of Chicago v. Morales, 527 U.S. 41 (1999). · cites it 2× “060 (1994); Mont. Code Ann. § 45-8-102 (1997); Nev. Rev.”
In re Vainio, 787 P.2d 744 (Mont. 1989). · cites it 2× “Vainio refused to disperse when requested by a police officer in violation of § 45-8-102, MCA, resisting arrest in violation of § 45-7-301, MCA, and when subsequently charged with the crimes in the City Court of Bozeman, Montana, Mr.”
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