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

MCA Sec. 45-1-205; Sec. 45-1-206
Felonies
  • Deliberate, mitigated, or negligent homicide: No time limit.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Aggravated sexual intercourse without consent: No time limit if the victim was under 18 at the time of the offense.
  • Promoting prostitution: No time limit if the victim was under 18 at the time of the offense.
  • Sexual servitude: No time limit if the victim was under 18 at the time of the offense.
  • 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.
  • Reckless driving resulting in death: Three years.
  • Careless driving resulting in death: Three years.
  • 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.
  • Unlawful use of a computer: Within one year of discovery of offense.
  • Any other felony: Five years.
Misdemeanors
  • Misdemeanor: One year.
  • Misdemeanor of fish, wildlife, or outfitter activity laws: Three years after offense committed.
Crimes against children
  • Sexual assault: No time limit if the victim was under 18 at the time of the offense.
  • Sexual intercourse without consent: No time limit.
  • Indecent exposure: No time limit.
  • Incest: No time limit.
  • Sexual or ritual abuse of a child: No time limit.
  • Aggravated sexual intercourse without consent: No time limit.
  • Promoting prostitution: No time limit.
  • Sexual servitude: No time limit.
Acts during which the statute does not run
  • When an offender is not usually and publicly resident of Montana or beyond the jurisdiction of the state
  • When there is prosecution pending for the same conduct.
  • When an offender is a public officer, the offense charged is theft of public funds while in public office.

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:

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.

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