Montana Code Annotated

Mont. Code Ann. § 46-18-231 (2026)

Fines In Felony And Misdemeanor Cases

✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Fines In Felony And Misdemeanor Cases

46-18-231. Fines in felony and misdemeanor cases. (1) (a) Except as provided in subsection (1)(b), whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a felony penalty of imprisonment could be imposed, the sentencing judge may, in lieu of or in addition to a sentence of imprisonment, impose a fine only in accordance with subsection (3).

(b) For those crimes for which penalties are provided in the following sections, a fine may be imposed in accordance with subsection (3) in addition to a sentence of imprisonment:

(i) 45-5-103(4), mitigated deliberate homicide;

(ii) 45-5-202, aggravated assault;

(iii) 45-5-213, assault with a weapon;

(iv) 45-5-302(2), kidnapping;

(v) 45-5-303(2), aggravated kidnapping;

(vi) 45-5-401(2), robbery;

(vii) 45-5-502(3), sexual assault when the victim is less than 16 years old and the offender is 3 or more years older than the victim or the offender inflicts bodily injury in the course of committing the sexual assault;

(viii) 45-5-502(4), sexual assault when the victim is a client receiving psychotherapy services and the offender is providing or purporting to provide psychotherapy services to the victim;

(ix) 45-5-503(2) through (5), sexual intercourse without consent;

(x) 45-5-507(5), incest when the victim is 12 years of age or younger and the offender is 18 years of age or older at the time of the offense;

(xi) 45-5-508, aggravated sexual intercourse without consent;

(xii) 45-5-601(3), prostitution when the person patronized or engaging in prostitution was a child and the offender was 18 years of age or older at the time of the offense;

(xiii) 45-5-625(4), sexual abuse of children;

(xiv) 45-5-702, 45-5-703, 45-5-705, 45-5-706, or 45-5-711, sex trafficking, labor trafficking, patronizing a victim of sex trafficking, aggravated sex trafficking, or child sex trafficking;

(xv) 45-9-101(3), criminal possession with intent to distribute a dangerous drug; and

(xvi) 45-9-109, criminal possession with intent to distribute dangerous drugs on or near school property.

(2) Whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a misdemeanor penalty of a fine could be imposed, the sentencing judge may impose a fine only in accordance with subsection (3).

(3) The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine and interest. In determining the amount and method of payment, the sentencing judge shall take into account the nature of the crime committed, the financial resources of the offender, and the nature of the burden that payment of the fine and interest will impose.

(4) Except as provided in subsection (5), a fine levied under this section in a felony case shall be in an amount fixed by the sentencing judge not to exceed $50,000.

(5) If an offender is out of compliance with court-mandated payments for 6 months or more, interest must accrue on a fine levied under this section at a rate of 3%. The interest may not compound. Interest only begins to accrue when the judgment is placed for collection with a private person or entity as provided in 3-10-601, 25-30-102, or 46-17-303.

History: En. Sec. 1, Ch. 198, L. 1981; amd. Sec. 106, Ch. 370, L. 1987; amd. Sec. 8, Ch. 610, L. 1987; amd. Sec. 3, Ch. 575, L. 1989; amd. Sec. 3, Ch. 42, L. 1991; amd. Sec. 2, Ch. 519, L. 1991; amd. Sec. 10, Ch. 52, L. 1999; amd. Sec. 21, Ch. 395, L. 1999; amd. Sec. 18, Ch. 432, L. 1999; amd. Sec. 18, Ch. 483, L. 2007; amd. Sec. 14, Ch. 374, L. 2013; amd. Sec. 23, Ch. 285, L. 2015; amd. Sec. 2, Ch. 277, L. 2017; amd. Sec. 28, Ch. 321, L. 2017; amd. Sec. 13, Ch. 308, L. 2019; amd. Sec. 48, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 31, Ch. 167, L. 2023; amd. Sec. 3, Ch. 205, L. 2023; amd. Sec. 2, Ch. 509, L. 2023.

Notes of Decisions

Cited in 46 cases (18 in the last 5 years), 1992–2026 · leading case: State v. Kotwicki, 2007 MT 17 (Mont. 2007).

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State v. Kotwicki, 2007 MT 17 (Mont. 2007). · cites it 143× “¶ 10 We then considered McLeod's challenge to the legality of the $1,000 fine that the sentencing court imposed, arguing that the court failed to comply with its statutory duty under § 46-18-231, MCA, to consider whether he had the ability to pay such a fine.”

State v. R. Gibbons, 2024 MT 63 (Mont. 2024). · cites it 119× “) Section 46-18-231, MCA, thus, clearly and plainly requires that a sentencing judge, “whenever” an offender has been found guilty of a felony or misdemeanor, may “only” impose a fine when the offender is able to pay and “shall” consider the offender’s resources and the nature…”

State v. D. Ingram, 2020 MT 327 (Mont. 2020). · cites it 10× “” More particularly, the District Court’s sentencing order provided that, as a condition of probation, Ingram was required to pay a $5,000 fine to the Clerk of District Court pursuant to § 46-18-231, MCA. Section 46-18-234, MCA, provides that “[w]henever a defendant is sentenced…”

State v. McLeod, 2002 MT 348 (Mont. 2002). · cites it 9× “Did the District Court fail to make the required statutory findings regarding McLeod’s ability to pay the $1,000 fine? ¶28 McLeod challenges the legality of the $1,000 fine imposed by the District Court, arguing that the court failed to comply with its statutory duty under §…”

State v. M. Reynolds, 2017 MT 317 (Mont. 2017). · cites it 8× “r assigned counsel unless the defendant is or will be able to pay the costs imposed); § 46-18-231(3), MCA (the sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine); § 3-1-317(3), MCA (court may waive surcharge for…”

State v. E. Yeaton, 2021 MT 312 (Mont. 2021). · cites it 17× “¶41 This Court’s decision in Mingus held for the first time that § 46-18-231, MCA, which requires a court to consider an offender’s ability to pay before imposing a fine, only applied to discretionary, and not mandatory, fines.”

State v. Stephenson, 2008 MT 64 (Mont. 2008). · cites it 8× “¶ 26 Section 46-18-231, MCA, provides authority for a sentencing court to impose a fine in a felony or misdemeanor case.”

State v. Mingus, 2004 MT 24 (Mont. 2004). · cites it 10× “Second, Mingus claims that the court failed to comply with its *354 statutory duty under § 46-18-231, MCA, to inquire into Mingus’s ability to pay the fine and the burden that payment of the fine would impose.”

City of Whitefish v. T. Curran, 2026 MT 65 (Mont. 2026). · cites it 14× “Curran points to § 46-18-231(3), MCA, which provides that a sentencing judge “may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine.”

State v. Micklon, 2003 MT 45 (Mont. 2003). · cites it 4× “¶ 16 Here, the court's imposition of interest on the defendant's fine and surcharge is not within the parameters of the controlling statutes as neither § 46-18-231, MCA, nor § 46-18-234, MCA, authorize the sentencing court to impose interest on a fine or unpaid installments of a…”

State v. Sullivan, 880 P.2d 829 (Mont. 1994). · cites it 4× “We remand for further proceedings on that part of the order that levies a fine against defendant in accordance with § 46-18-231, MCA, which states: (1) Whenever, upon verdict or a plea of guilty, a person has been found guilty of an offense for which a felony penalty of…”

State v. Kirkland, 2008 MT 107 (Mont. 2008). · cites it 10× “In addressing whether the Lenihan rule applied, we observed that § 46-18-231, MCA, authorized the trial court to impose a fine not exceeding $50,000 for each felony offense instead of, or in addition to, a term of imprisonment.”

Show all 46 citing cases →

— Mont. Code Ann. § 46-18-231(1) — 4 cases

State v. H. Vaska, 2025 MT 168 (Mont. 2025).

State v. N. Cole, 2026 MT 52 (Mont. 2026).

State v. H. Vaska, 2025 MT 168 (Mont. 2025).

State v. L. Chain, 2020 MT 106N (Mont. 2020).

— Mont. Code Ann. § 46-18-231(1)(a) — 5 cases

State v. R. Gibbons, 2024 MT 63 (Mont. 2024). “) Section 46-18-231, MCA, thus, clearly and plainly requires that a sentencing judge, “whenever” an offender has been found guilty of a felony or misdemeanor, may “only” impose a fine when the offender is able to pay and “shall” consider the offender’s resources and the nature…”

State v. Kotwicki, 2007 MT 17 (Mont. 2007). “¶ 10 We then considered McLeod's challenge to the legality of the $1,000 fine that the sentencing court imposed, arguing that the court failed to comply with its statutory duty under § 46-18-231, MCA, to consider whether he had the ability to pay such a fine.”

State v. Mingus, 2004 MT 24 (Mont. 2004). “Second, Mingus claims that the court failed to comply with its *354 statutory duty under § 46-18-231, MCA, to inquire into Mingus’s ability to pay the fine and the burden that payment of the fine would impose.”

State v. E. Yeaton, 2021 MT 312 (Mont. 2021). “¶41 This Court’s decision in Mingus held for the first time that § 46-18-231, MCA, which requires a court to consider an offender’s ability to pay before imposing a fine, only applied to discretionary, and not mandatory, fines.”

State v. Vangilder, 2016 MT 252N (Mont. 2015).

— Mont. Code Ann. § 46-18-231(3) — 38 cases

State v. McLeod, 2002 MT 348 (Mont. 2002). “Did the District Court fail to make the required statutory findings regarding McLeod’s ability to pay the $1,000 fine? ¶28 McLeod challenges the legality of the $1,000 fine imposed by the District Court, arguing that the court failed to comply with its statutory duty under §…”

State v. M. Reynolds, 2017 MT 317 (Mont. 2017). “r assigned counsel unless the defendant is or will be able to pay the costs imposed); § 46-18-231(3), MCA (the sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine); § 3-1-317(3), MCA (court may waive surcharge for…”

State v. D. Ingram, 2020 MT 327 (Mont. 2020). “” More particularly, the District Court’s sentencing order provided that, as a condition of probation, Ingram was required to pay a $5,000 fine to the Clerk of District Court pursuant to § 46-18-231, MCA. Section 46-18-234, MCA, provides that “[w]henever a defendant is sentenced…”

— Mont. Code Ann. § 46-18-231(4) — 2 cases

State v. Kirkland, 2008 MT 107 (Mont. 2008). “In addressing whether the Lenihan rule applied, we observed that § 46-18-231, MCA, authorized the trial court to impose a fine not exceeding $50,000 for each felony offense instead of, or in addition to, a term of imprisonment.”

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