Montana Criminal Statute of Limitations Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed March 26, 2025
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All states have time limits for prosecutors to bring a criminal case against a suspect, commonly known as the criminal statute of limitations. For example, the Montana statute of limitations sets specific time frames for different offenses. The clock typically begins running at the point the crime happens, but this time limit is put on hold (the clock stops) when suspects are being evasive (fugitives, etc.).
Statutes of limitations often differ by the severity of the crime. In Montana, certain sex crimes and serious offenses like homicide may have no time limit, while crimes such as false imprisonment may have a shorter limitation period.
What If the Statute of Limitations Expires?
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.
Criminal Statute of Limitations in Montana
In Montana, all misdemeanors carry a one-year statute of limitations. Felonies are more varied, with a 10-year time limit for rape or 10 years after the victim reaches 18 years of age. Most other felonies carry a five-year time limit.
Below are more details. For information about similar time limits in civil law, see Montana Civil Statute of Limitations Laws.
Code section | |
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Felonies |
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Misdemeanors |
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Crimes against children |
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Acts during which the statute does not run |
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Note: State laws are constantly changing -- contact a Montana drug crime lawyer or conduct your own legal research to verify the state laws you are researching.
Research the Law:
- Montana Code
- Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
Get Legal Advice From a Montana Attorney
If you have questions about Montana's criminal statutes of limitations for offenses such as sex crimes or false imprisonment, it's important to consult a local attorney who specializes in criminal defense. A skilled local attorney can give tailored advice on how these statutes apply to your specific legal issue and guide you through the legal process.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Montana attorneys offer free consultations.
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