{"id":374590,"date":"2016-03-31T21:35:49","date_gmt":"2016-04-01T02:35:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-criminal-statute-of-limitations-laws.html"},"modified":"2025-03-26T15:00:03","modified_gmt":"2025-03-26T20:00:03","slug":"montana-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-criminal-statute-of-limitations-laws.html","title":{"rendered":"Montana Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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Montana Criminal Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

All states have time limits for prosecutors to bring a criminal case against a suspect, commonly known as the criminal statute of limitations<\/a>. For example, the Montana statute of limitations sets specific time frames for different offenses. The clock typically begins running at the point the crime<\/a> happens, but this time limit is put on hold (the clock stops) when suspects are being evasive (fugitives, etc.).<\/p>\r\n

Statutes of limitations often differ by the severity of the crime. In Montana, certain sex crimes and serious offenses like homicide<\/a> may have no time limit, while crimes such as false imprisonment may have a shorter limitation period.<\/p>\r\n

What If the Statute of Limitations Expires?<\/b><\/h2>\r\n

Generally, criminal suspects may not get charged with a crime if the limitations period has expired, provided they were living openly (not evading law enforcement). In criminal law, statutes of limitation help ensure that prosecutors file charges within a reasonable period of time. These statutes help preserve the integrity of evidence (including witness testimony) and maintain efficiency in the criminal justice system<\/a>.<\/p>\r\n

Criminal Statute of Limitations in Montana<\/b><\/h2>\r\n

In Montana, all misdemeanors carry a one-year statute of limitations. Felonies are more varied, with a 10-year time limit for rape<\/a> or 10 years after the victim reaches 18 years of age. Most other felonies carry a five-year time limit.<\/p>\r\n

Below are more details. For information about similar time limits in civil law, see Montana Civil Statute of Limitations Laws<\/a>.<\/p>\r\n\r\n
Code section<\/th>\r\n

MCA Sec. 45-1-205<\/a>; Sec. 45-1-206<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n
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  • Deliberate, mitigated, or negligent homicide: No time limit.<\/li>\r\n
  • Sexual assault: No time limit if the victim was under 18 at the time of the offense. If the victim was older than 18, then 10 years.<\/li>\r\n
  • Sexual intercourse without consent: No time limit if the victim was under 18 at the time of the offense. If the victim was older than 18, then 10 years.<\/li>\r\n
  • Indecent exposure: No time limit if the victim was under 18 at the time of the offense. If the victim was older than 18, then 10 years.<\/li>\r\n
  • Incest: No time limit if the victim was under 18 at the time of the offense. If the victim was older than 18, then 10 years.<\/li>\r\n
  • Sexual or ritual abuse of a child if the victim is under 18 at the time of the offense: No time limit if the victim was under 18 at the time of the offense. If the victim was older than 18, then 10 years.<\/li>\r\n
  • Aggravated sexual intercourse without consent: No time limit if the victim was under 18 at the time of the offense.<\/li>\r\n
  • Promoting prostitution: No time limit if the victim was under 18 at the time of the offense.<\/li>\r\n
  • Sexual servitude: No time limit if the victim was under 18 at the time of the offense.<\/li>\r\n
  • Theft: Five years after the date of theft, whether the offender is in possession. If the offender is still in possession after the 5-year time limit ends, prosecution can begin at any time.<\/li>\r\n
  • Reckless driving resulting in death: Three years.<\/li>\r\n
  • Careless driving resulting in death: Three years.<\/li>\r\n
  • Theft involving breach of fiduciary duty: One year after the breach’s discovery, or if the victim was a minor or incompetent, then during the time of minority or incompetency or one year after termination of minority or incompetency.<\/li>\r\n
  • Unlawful use of a computer: Within one year of discovery of offense.<\/li>\r\n
  • Any other felony: Five years.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Misdemeanors<\/th>\r\n
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  • Misdemeanor: One year.<\/li>\r\n
  • Misdemeanor of fish, wildlife, or outfitter activity laws: Three years after offense committed.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Crimes against children<\/th>\r\n
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  • Sexual assault: No time limit if the victim was under 18 at the time of the offense.<\/li>\r\n
  • Sexual intercourse without consent: No time limit.<\/li>\r\n
  • Indecent exposure: No time limit.<\/li>\r\n
  • Incest: No time limit.<\/li>\r\n
  • Sexual or ritual abuse of a child: No time limit.<\/li>\r\n
  • Aggravated sexual intercourse without consent: No time limit.<\/li>\r\n
  • Promoting prostitution: No time limit.<\/li>\r\n
  • Sexual servitude: No time limit.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Acts during which the statute does not run<\/th>\r\n