Mont. Code Ann. » TITLE 81. LIVESTOCK · CHAPTER 7. PREDATORY ANIMAL CONTROL · Part 4. Dogs
Montana Code Annotated

Mont. Code Ann. § 81-7-401 (2026)

Killing Of Dogs Harassing, Destroying, Or Injuring Stock -- Notice To Owner -- Penalty

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  1. MCA Contents
  2. TITLE 81
  3. CHAPTER 7
  4. Part 4
  5. 81-7-401 Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty

TITLE 81. LIVESTOCK

CHAPTER 7. PREDATORY ANIMAL CONTROL

Part 4. Dogs

Killing Of Dogs Harassing, Destroying, Or Injuring Stock -- Notice To Owner -- Penalty

81-7-401. Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty. (1) As used in this section, "harasses" means worries, chases, or runs after livestock, including ostriches, rheas, and emus, in a manner that may lead to subsequent injury to the livestock.

(2) A dog, whether licensed or not, that, while off the premises owned or under control of its owner and on property owned, leased, or controlled by the livestock owner, harasses, kills, wounds, or injures livestock not belonging to the owner of the dog is considered a public nuisance and:

(a) may be killed immediately by the owner of the livestock or an agent or employee of the owner; or

(b) the owner of the dog, when reasonably notified after due process, shall kill the dog within 24 hours of notification. If the owner fails to do so, an officer may be notified and shall kill the dog or cause the dog to be killed.

(3) A dog may not be killed in a manner that will endanger a person.

(4) This section does not apply to a dog herding livestock under the direction of its owner or the agents or employees of its owner.

(5) This section does not apply to a dog engaged in legitimate sport hunting or predator control activities under the direction of its owner or the agents or employees of its owner.

(6) The owner of a dog that harasses, kills, wounds, or injures livestock is guilty of a misdemeanor and upon conviction shall be fined not more than $500.

History: En. Sec. 1, Ch. 142, L. 1933; re-en. Sec. 3417.15, R.C.M. 1935; R.C.M. 1947, 46-1916; amd. Sec. 1, Ch. 106, L. 1993; (6)En. Sec. 2, Ch. 106, L. 1993; amd. Sec. 12, Ch. 206, L. 1995.

Notes of Decisions
Cited in 2 cases, 1989–1994 · leading case: State v. Walter, 880 P.2d 1346 (Mont. 1994).
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State v. Walter, 880 P.2d 1346 (Mont. 1994). · cites it 46× “Was the shooting of the dog justifiable under § 81-7-401, MCA? II. What case law provides proper precedent for the instant case? III.”
Grabenstein v. Sunsted, 772 P.2d 865 (Mont. 1989). · cites it 5× “The first statute, § 81-7-401, MCA, allows the killing of a dog who kills, wounds, or injures any livestock not belonging to the dog’s master.”
Mont. Code Ann. § 81-7-401(1): 1 case
State v. Walter, 880 P.2d 1346 (Mont. 1994). “Was the shooting of the dog justifiable under § 81-7-401, MCA? II. What case law provides proper precedent for the instant case? III.”
Mont. Code Ann. § 81-7-401(2): 1 case
State v. Walter, 880 P.2d 1346 (Mont. 1994). “Was the shooting of the dog justifiable under § 81-7-401, MCA? II. What case law provides proper precedent for the instant case? III.”
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.