Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER · Part 2. Offensive, Indecent, and Inhumane Conduct
Montana Code Annotated

Mont. Code Ann. § 45-8-211 (2026)

Cruelty To Animals -- Exceptions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 8
  4. Part 2
  5. 45-8-211 Cruelty to animals -- exceptions

TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 2. Offensive, Indecent, and Inhumane Conduct

Cruelty To Animals -- Exceptions

45-8-211. Cruelty to animals -- exceptions. (1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:

(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;

(b) carrying or confining the animal in a cruel manner;

(c) failing to provide an animal in the person's custody with:

(i) food and water of sufficient quantity and quality to sustain the animal's normal health;

(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;

(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;

(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or

(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.

(2) (a) A person convicted of the offense of cruelty to animals 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. A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.

(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.

(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.

(3) In addition to the sentence provided in subsection (2), the court:

(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;

(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and

(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.

(4) This section does not prohibit:

(a) a person humanely destroying an animal for just cause;

(b) the use of commonly accepted agricultural and livestock practices on livestock;

(c) rodeo activities that meet humane standards of the professional rodeo cowboys association;

(d) lawful fishing, hunting, and trapping activities;

(e) lawful wildlife management practices;

(f) lawful scientific or agricultural research or teaching that involves the use of animals;

(g) services performed by a licensed veterinarian;

(h) lawful control of rodents and predators and other lawful animal damage control activities; or

(i) accepted training and discipline methods.

History: En. 94-8-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-106; amd. Sec. 1, Ch. 148, L. 1985; amd. Sec. 1, Ch. 410, L. 1985; amd. Sec. 1, Ch. 424, L. 1991; amd. Sec. 1, Ch. 556, L. 1993; amd. Sec. 1, Ch. 358, L. 2003; amd. Sec. 1, Ch. 366, L. 2003.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1983–2024 · leading case: State v. Stone, 2004 MT 151 (Mont. 2004).
Sort: Relevance Newest Treatment
State v. Stone, 2004 MT 151 (Mont. 2004). · cites it 9× “Montana’s public policy is the same and is exemplified through the legislative history of § 45-8-211, MCA, and the legislature’s adoption of increasingly strong protections for animals against the cruelty and mistreatment of those who would abuse them.”
State v. Warren, 439 P.3d 357 (Mont. 2019). · cites it 11× “Did the District Court err in imposing the costs to be reimbursed by Warren under § 45-8-211(3), MCA ? FACTUAL AND PROCEDURAL BACKGROUND ¶2 This case arises from Warren's kennel operation located on her residential property in Libby, Montana.”
State v. Beaudet, 2014 MT 152 (Mont. 2014). · cites it 6× “Section 45-8-211(3), MCA. ¶21 Beaudet recognizes that this statute grants the District Court the authority to order forfeiture of the horses to the County.”
State v. Cheryl & Edwin Criswell, 2013 MT 177 (Mont. 2013). · cites it 2× “See § 45-8-211(1)(b), (1)(c)(i), MCA. Finally, the District Court instructed the jurors that they had to determine Cheryl’s guilt separately from Edwin’s guilt and that, “in order to find a Defendant guilty, you must unanimously agree upon the commission of the same specific act…”
State v. Chilinski, 2014 MT 206 (Mont. 2014). · cites it 17× “JCSO seized 139 adult dogs and 23 puppies. ¶13 On October 18, 2011, Chilinski was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45-8-211, MCA.”
United States v. Stevens, 533 F.3d 218 (3rd Cir. 2008). “050 (2008); Mont.Code Ann. §§ 45-8-211, 217 (2007); Neb.”
People v. Allen, 657 P.2d 447 (Colo. 1983). “060 (Vernon 1979); Mont.Code Ann. § 45-8-211 (1981); Neb.Rev.”
Daniels-Sheridan Fed. Credit Union v. Bellanger, 2001 MT 235 (Mont. 2001). · cites it 2× “¶18 Section 27-1-222, MCA, allows for exemplary damages for wrongful injuries to animals committed willfully or by gross negligence; § 45-8-211, MCA, provides penalties for failing to care for an animal within a person’s custody; and § 70-6-206, MCA, applies to a “depositary”-a…”
State v. R. Laedeke, 2020 MT 275N (Mont. 2020). · cites it 2× “¶3 In April 2017, the State charged Laedeke with five offenses regarding his horse herd—three counts of cruelty to animals in violation of § 45-8-211(1), MCA, and two counts of livestock at large in violation of § 81-4-201, MCA.”
State v. Polejewski, 2021 MT 283N (Mont. 2021). “¶4 On May 15, 2020, Polejewski was arrested on four counts of animal cruelty pursuant to § 45-8-211(1)(b) and (1)(c)(iii), MCA, and one count of aggravated animal cruelty pursuant to § 45-8-217(2), MCA.”
State v. A. Erickson, 2024 MT 92N (Mont. 2024). · cites it 9× “On appeal, Alan contends the District Court did not actually impose restitution, because the government is not a “victim” as defined by § 46-18-243, MCA, and the costs imposed for the county’s expenses were statutorily-allowed reimbursement costs under § 45-8-211, MCA. The State…”
State v. Walter, 880 P.2d 1346 (Mont. 1994). · cites it 2× “JUSTIFIABLE SHOOTING OF DOG The State prosecuted Walter under § 45-8-211, MCA, which provides: Cruelty to animals — exception.”
Show all 24 citing cases →
— Mont. Code Ann. § 45-8-211(1) — 2 cases
State v. R. Laedeke, 2020 MT 275N (Mont. 2020). “¶3 In April 2017, the State charged Laedeke with five offenses regarding his horse herd—three counts of cruelty to animals in violation of § 45-8-211(1), MCA, and two counts of livestock at large in violation of § 81-4-201, MCA.”
State v. Musil, 2005 MT 212N (Mont. 2005).
— Mont. Code Ann. § 45-8-211(1)(b) — 3 cases
State v. Cheryl & Edwin Criswell, 2013 MT 177 (Mont. 2013). “See § 45-8-211(1)(b), (1)(c)(i), MCA. Finally, the District Court instructed the jurors that they had to determine Cheryl’s guilt separately from Edwin’s guilt and that, “in order to find a Defendant guilty, you must unanimously agree upon the commission of the same specific act…”
State v. Polejewski, 2021 MT 283N (Mont. 2021). “¶4 On May 15, 2020, Polejewski was arrested on four counts of animal cruelty pursuant to § 45-8-211(1)(b) and (1)(c)(iii), MCA, and one count of aggravated animal cruelty pursuant to § 45-8-217(2), MCA.”
State v. Musil, 2005 MT 212N (Mont. 2005).
— Mont. Code Ann. § 45-8-211(1)(c)(iii) — 1 case
State v. Leachman, 2014 MT 231N (Mont. 2014).
— Mont. Code Ann. § 45-8-211(1)(d) — 1 case
State v. Leachman, 2014 MT 231N (Mont. 2014).
— Mont. Code Ann. § 45-8-211(2)(a) — 3 cases
State v. Stone, 2004 MT 151 (Mont. 2004). “Montana’s public policy is the same and is exemplified through the legislative history of § 45-8-211, MCA, and the legislature’s adoption of increasingly strong protections for animals against the cruelty and mistreatment of those who would abuse them.”
Thornton v. Johnson (Mont. 2023).
State v. C. Warren (Mont. 2022).
— Mont. Code Ann. § 45-8-211(2)(b) — 1 case
State v. Chilinski, 2014 MT 206 (Mont. 2014). “JCSO seized 139 adult dogs and 23 puppies. ¶13 On October 18, 2011, Chilinski was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45-8-211, MCA.”
— Mont. Code Ann. § 45-8-211(3) — 3 cases
State v. Warren, 439 P.3d 357 (Mont. 2019). “Did the District Court err in imposing the costs to be reimbursed by Warren under § 45-8-211(3), MCA ? FACTUAL AND PROCEDURAL BACKGROUND ¶2 This case arises from Warren's kennel operation located on her residential property in Libby, Montana.”
State v. Beaudet, 2014 MT 152 (Mont. 2014). “Section 45-8-211(3), MCA. ¶21 Beaudet recognizes that this statute grants the District Court the authority to order forfeiture of the horses to the County.”
State v. A. Erickson, 2024 MT 92N (Mont. 2024). “On appeal, Alan contends the District Court did not actually impose restitution, because the government is not a “victim” as defined by § 46-18-243, MCA, and the costs imposed for the county’s expenses were statutorily-allowed reimbursement costs under § 45-8-211, MCA. The State…”
— Mont. Code Ann. § 45-8-211(b) — 2 cases
State v. E.M.R., 2013 MT 3 (Mont. 2013).
State v. E.M.R., 2013 MT 3 (Mont. 2013).
— Mont. Code Ann. § 45-8-211(l)(b) — 2 cases
State v. Cheryl & Edwin Criswell, 2013 MT 177 (Mont. 2013). “See § 45-8-211(1)(b), (1)(c)(i), MCA. Finally, the District Court instructed the jurors that they had to determine Cheryl’s guilt separately from Edwin’s guilt and that, “in order to find a Defendant guilty, you must unanimously agree upon the commission of the same specific act…”
State v. Stone, 2004 MT 151 (Mont. 2004). “Montana’s public policy is the same and is exemplified through the legislative history of § 45-8-211, MCA, and the legislature’s adoption of increasingly strong protections for animals against the cruelty and mistreatment of those who would abuse them.”
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