Montana Code Annotated

Mont. Code Ann. § 45-8-103 (2026)

Riot

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 1. Conduct Disruptive of Public Order

Riot

45-8-103. Riot. (1) A person commits the offense of riot if the person purposely and knowingly disturbs the peace by engaging in an act of violence or threat to commit an act of violence as part of an assemblage of five or more persons and the act or threat presents a clear and present danger of or results in damage to property or injury to persons.

(2) Except as provided in subsection (3), a person convicted of the offense of riot shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(3) A person who commits the offense of riot by engaging in an act of violence while incarcerated at any state adult correctional facility or city or county jail shall be imprisoned for not less than 1 year or more than 5 years.

History: En. 94-8-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-103; amd. Sec. 1, Ch. 54, L. 1983; amd. Sec. 1694, Ch. 56, L. 2009.

Notes of Decisions

Cited in 4 cases, 1994–2006 · leading case: State v. Langford, 882 P.2d 490 (Mont. 1994).

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State v. Langford, 882 P.2d 490 (Mont. 1994). · cites it 6× “Section 45-8-103(1), MCA (1991). Taken in the context of officers retaking the maximum security unit following a violent riot, Langford's defiance of an officer's order tended to show his willingness to disturb the peace and participate in the riot.”

State v. Cox, 879 P.2d 662 (Mont. 1994). · cites it 5× “Section 45-8-103(1), MCA, states, in relevant part, that a person commits the offense of riot when he purposely and knowingly engages in an act of violence or threat to commit an act of violence as part of an assemblage of five or more persons, which act or threat presents a…”

State v. Hansen, 1999 MT 253 (Mont. 1999). · cites it 3× “Thus, to establish the corpus delicti of the charge of burglary in this case, the State had to introduce evidence to establish that someone had entered or remained unlawfully in D Block of the maximum security unit with the purpose to commit the offense of riot, i.”

Schlamp v. State, 891 A.2d 327 (Md. 2006). “71; Mont Code Ann. § 45-8-103; N.H.RevStat. Ann.”

— Mont. Code Ann. § 45-8-103(1) — 3 cases

State v. Langford, 882 P.2d 490 (Mont. 1994). “Section 45-8-103(1), MCA (1991). Taken in the context of officers retaking the maximum security unit following a violent riot, Langford's defiance of an officer's order tended to show his willingness to disturb the peace and participate in the riot.”

State v. Cox, 879 P.2d 662 (Mont. 1994). “Section 45-8-103(1), MCA, states, in relevant part, that a person commits the offense of riot when he purposely and knowingly engages in an act of violence or threat to commit an act of violence as part of an assemblage of five or more persons, which act or threat presents a…”

State v. Hansen, 1999 MT 253 (Mont. 1999). “Thus, to establish the corpus delicti of the charge of burglary in this case, the State had to introduce evidence to establish that someone had entered or remained unlawfully in D Block of the maximum security unit with the purpose to commit the offense of riot, i.”

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