What Is Criminal Trespass in Montana?

In Montana, criminal trespass refers to unlawfully entering and staying on another’s land or property. This offense is guided by the Montana Code Annotated § 45-6-203, which provides for Criminal Trespass to Property, and Montana Code Annotated § 45-6-202, which provides for Criminal Trespass to Vehicles. According to these laws, it is a crime to enter and remain in someone’s property without the authority of the lawful possessor or owner of the property. Criminal trespass also applies to entering another person’s vehicle without permission.

In Montana, Criminal trespass is classified as a misdemeanor, which carries a punishment of up to $500 fine and/or up to 6 months in county jail. The statute against trespass into vehicles explains vehicles to mean aircraft, watercraft, or cars.

Trespass into a vehicle carries a similar punishment as trespass into buildings or structures in Montana. Some ingredients of the crime that must be proved to secure a conviction include:

• That the offender knowingly entered and remained in the vehicle, building, or property
• That the defendant had no legal authority, invitation, license, or privilege to be in the car or property
• That the offender intentionally disregarded any notice or obvious restrictions to entry into the property or car

Note: In Montana, criminal trespass is not categorized by degree of severity. Instead, the severity of the offense depends on the nature of the property trespassed on. Entry into a private dwelling or a secured property is handled as more serious than walking across an unfenced yard. Trespassing while fishing, trapping, or hunting may also result in higher penalties, including suspension of those activities for up to 2 years.

How to Look Up Public Criminal Trespass Records in Montana

Criminal trespass records are public records that may be accessed through the judicial or law enforcement agencies. Requesters may get an overview of convictions through the police and sheriff’s departments’ crime database. The courts also maintain archives of case files and documents that may be viewed or requested.

You may look up criminal trespass records in Montana by providing the individual’s name or the address of a property for a records search. There are also online platforms for easier access to criminal trespass records, such as the Montana Public Access Portal. This website provides statewide access to court records, which contain documents related to criminal trespass cases.

Requesters may be charged $1 to $2 per name search and $5 for certification. The Department of Justice also maintains a Background Checks website, where the public can conduct an online public record search or submit name-based requests. Requesters using this website may be charged search costs of $20 per record.

Types of Criminal Trespass Offenses

Criminal trespass offenses vary depending on the property intruded upon or the aim of the entry. They are types of crimes whose severity depends on the offender’s record, the offender’s intent, and whether any aggravating factors are present. State laws in Montana Code Annotated §§ 45-6-201 through 45-6-203 outline the various categories of criminal trespass in Montana. Here they are:

• Criminal trespass to property, according to Montana Code Annotated § 45-6-203: This offense is the most common type of trespass in the state. It refers to when someone intentionally enters and remains on another’s property. This type of trespass applies to buildings and land where entry is prohibited.
• Criminal trespass to vehicles, according to Montana Code Annotated § 45-6-202: This offense occurs when an individual enters or remains in another person’s vehicle unlawfully, without the owner’s consent. A vehicle, in this sense, may refer to an aircraft, watercraft, or car.
• Aggravated or felony-level trespass: This offense refers to situations where aggravating circumstances elevate the offense from a misdemeanor to a felony. An example is breaking into a home or a restricted government facility.
• Trespass on government or state property: This refers to when someone enters a government-owned or public property, usually restricted areas, for security or safety reasons.
• Civil and hunting-related trespass according to Montana Code Annotated § 87-6-415: This occurs when an outdoor enthusiast or hunter enters private land to trap, fish, or hunt without permission.

Penalties for Criminal Trespass in Montana

Criminal trespass in Montana generally carries penalties for misdemeanors because that is the category of offense to which trespass falls. However, criminal trespass may be upgraded to a felony level when certain factors are present. Here are the penalties for criminal trespass in Montana:

• Criminal trespass to property: This offense is a misdemeanor with a penalty of up to 6 months in jail and/or a fine of up to $500.
• Criminal trespass to a vehicle: This offense is a misdemeanor, carrying a penalty of up to 6 months in jail and/or a fine of up to $500.
• Felony trespass: This offense is considered a felony due to aggravating factors such as possession of a weapon or breaking into a dwelling. The penalty is a maximum of 20 years’ imprisonment and/or a fine of up to $50,000.

Can You Be Arrested for Criminal Trespass in Montana?

Yes, criminal trespass in Montana is a criminal offense that can result in arrest. An arrest may be executed if the offender is caught on the property or in the vehicle. This means that if the elements of the offense are present, which includes a clear sign or instruction against entry, an arrest may be made. The sign may be given by the property owner or their representative. Law enforcement agents may also execute an arrest if probable cause can be proved.

This may be done through surveillance footage, witness testimony, or a complaint by the property owner or custodian. Some common factors that may cause an arrest for criminal trespass in Montana include the following:

• Law enforcement officers caught the offender on or in the property without permission
• The offender entered the dwelling or residence at night
• The trespass caused property damage, such as damaged locks, doors, or fences
• The offender has prior trespass records
• The offender ignored clear warnings against entry
• The offender returned to the property after being told to leave

How Criminal Trespass Differs from Burglary or Breaking and Entering in Montana

Criminal trespass and burglary are distinct offenses with a common denominator of entering another’s property unlawfully and without permission. These two offenses differ in their legal meaning, penalties, classification, and the intention of the offender.

• Trespass may generally occur on land, buildings, or vehicles, while burglary is restricted to dwellings or occupied structures.
• Trespass is a misdemeanor unless there are aggravating factors, whereas burglary is a felony, even if no harm or theft occurred.
• Burglary requires entry into a dwelling or structure, but does not require breaking, while trespass does not require entry into a structure. A person who finds himself somewhere he’s not authorized to be may be guilty of trespass.
• The intention to commit further crime after entry into a building or structure is the main ingridiens ot burglary, while trespass does not require any intention to commit further crime.
• Burglary poses more risk of harm to the occupants of the property, while trespass involves little to no harm.
• Burglary is a felony with more severe punishment, while trespass is a misdemeanor with less severe punishment.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Montana?

Yes, in Montana, criminal trespass charges may be reduced, dismissed, or resolved. The prosecution may reduce the charges in situations where a plea agreement is reached with the defendant. In such an agreement, the defendant acknowledges the act in exchange for reduced charges, probation, a lesser fine, or alternatives to imprisonment. This allows the defendant and prosecution to avoid long trials while the defendant still serves punishment for the offense. For example, first-time offenders may have their criminal trespass charge reduced to an infraction from a misdemeanor.

The court may also resolve a criminal trespass charge through a diversion program or deferred adjudication. Diversion programs and deferred adjudication are permitted because the state recognizes that trespasses may occur unintentionally or without malicious intent. In situations where the offender has no prior convictions and cooperated with law enforcement, they are considered low-risk offenders. They may be offered a diversion program to avoid trial and sentence.

First-time offenders also enjoy this privilege. Deferred adjudication allows the judge to delay a conviction for a specified period, during which the defendant must fulfill the conditions set by the court. Such conditions may be community service, restitution, or attending treatment or educational programs.

Will a Montana Criminal Trespass Charge Stay on Your Record?

Yes, criminal trespass records in Montana are permanent records on your public profile. They do not get removed or sealed over time. These records may show up during background checks for various purposes such as housing, employment, or volunteering. As public records, they typically remain on public archives such as the public access terminals at Montana courthouses or in the court’s online archives. Access to these records is usually restricted to publicly accessible details such as the case outcome, the date for filing and judgment, as well as any convictions. If the case was dismissed, the charge may still remain on your records if the judge does not order its removal immediately. This means that Montana laws allow the sealing and expungement of criminal trespass records. However, it is easier to seal or expunge charges that did not result in a conviction. If there is a conviction, the offender typically is required to wait till the sentence is completed. The offender cannot apply for sealing or expungement until the waiting period has passed.

Expungement or Record Sealing Options in Montana

Montana laws allow applicants to clear criminal trespass arrests and convictions from their records. This is done through the process of expungement, provided for in Montana Code Annotated § 46-18-1107. This law states that certain misdemeanor offenses may be removed from public access if the requirements are met.

This process does not entirely erase the records, but ensures they are not available to the public. The expungement process in Montana has the following criteria:

• The sentence for the offense has been completed. This includes probation, community service, and payment of restitution.
• The waiting period since the completion of the sentence has been satisfied. In Montana, the waiting period is usually 5 years.
• The offender maintained a clean criminal record during the waiting period.
• The offense is classified as a misdemeanor. This means that if there are aggravating factors present, the conviction cannot be expunged because it has become a felony.