Mont. Code Ann. » TITLE 53. SOCIAL SERVICES AND INSTITUTIONS · CHAPTER 24. ALCOHOLISM AND DRUG DEPENDENCE · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 53-24-107 (2026)

Public Intoxication Not Criminal Offense

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 53
  3. CHAPTER 24
  4. Part 1
  5. 53-24-107 Public intoxication not criminal offense

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 24. ALCOHOLISM AND DRUG DEPENDENCE

Part 1. General Provisions

Public Intoxication Not Criminal Offense

53-24-107. Public intoxication not criminal offense. (1) A person who appears to be intoxicated in public does not commit a criminal offense solely by reason of being in an intoxicated condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated in public shall proceed in the manner provided in 53-24-303 and subsection (3) of this section.

(2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated until the person is no longer creating a risk to self or others.

(3) A peace officer, in detaining the person, shall make every reasonable effort to protect the person's health and safety. The peace officer may take reasonable steps for the officer's own protection. An entry or other record may not be made to indicate that the person detained under this section has been arrested or charged with a crime.

(4) A peace officer, acting within the scope of the officer's authority under this chapter, is not personally liable for the officer's actions.

History: En. 80-2724 by Sec. 3, Ch. 403, L. 1975; R.C.M. 1947, 80-2724; amd. Sec. 1, Ch. 442, L. 2005.

Notes of Decisions
Cited in 2 cases, 2015–2020 · leading case: Ramon v. Short, 2020 MT 69 (Mont. 2020).
Sort: Relevance Newest Treatment
Ramon v. Short, 2020 MT 69 (Mont. 2020). · cites it 2× “Sections 3-1-511 to -515, MCA (civil contempt of court requiring a judicial order); § 25-14-102, MCA (arrest authority for absconding debtor). Section 27-16-101, MCA, specifically provides that “[n]o person may be arrested before judgment in a civil action except as prescribed…”
State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015). “46 (2), with Mont.Code Ann. § 53-24-107(1) (West, Westlaw current through chs.”
— Mont. Code Ann. § 53-24-107(1) — 1 case
State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015). “46 (2), with Mont.Code Ann. § 53-24-107(1) (West, Westlaw current through chs.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.