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First Degree Felony in Montana
Montana does not categorize felonies into first-degree or second-degree, as some US states do. Instead, Title 45 of the Montana Criminal Code includes criminal statutes that specify different types of crimes and their associated penalties. Under Title 45, a specific offense may be labeled as "first-degree" (e.g., sexual intercourse with consent), while other felonies are defined and punished separately.
Although Montana does not classify felonies into broad categories (first degree, second degree, etc.), serious crimes in the state possess the characteristics of first-degree felonies. Some of the most heinous and violent crimes in Montana may be considered first-degree felonies. These crimes often threaten public safety and therefore warrant the strictest penalties. Crimes in this category include deliberate homicide, aggravated kidnapping, sexual intercourse without consent, incest with a victim under 12, attempted deliberate homicide, and sexual abuse of children (aggravated cases), and more.
Public Access to First Degree Felony Records in Montana
Under Montana Code Annotated (MCA) § 44-5-103, the general public may access criminal conviction records, including court filings and judgments, unless sealed by statute or court order.
Requesters may acquire public felony records through the Montana District Court Public Access Portal, the Montana Department of Justice Criminal History Online Public Record Search, or in person at local Clerk of Courts' Offices.
Access Options
- Public Access Portal (FullCourt/Montana Supreme Court access): This site provides visitors with access to court records online.
- Montana Department of Justice Criminal History Online Public Record Search: This portal allows users to perform name-based searches for criminal history records for a fee of $20 per request for DOJ searches. However, the platform does not offer complete case details.
- In-Person Access: Interested parties may access public felony records through local Clerk of Court offices. These locations usually offer public terminals for viewing case files. Records are typically free to inspect on site, but making plain or certified copies of documents attracts a fee.
Note: Juvenile records, sealed or expunged records, adoption, and certain criminal investigation records are inaccessible to the public via the Public Access Portal.
| Source | Access type | Website/Location |
|---|---|---|
| Montana State Courts public portal | Online search/docket access | dcportal.pubcourts.mt.gov |
| Montana Department of Justice Criminal History Online Public Record Search | Online conviction and adjudication records (not complete case details) | Montana Division of Criminal Investigation website |
| Clerk of Court (local) | Online/in-person (case files often require a courthouse visit) | courts.mt.gov (contact county clerk) |
Common Crimes Classified as First Degree Felonies in Montana
In Montana, some of the most common violent and serious crimes are linked to sexual and drug trafficking offenses. This includes deliberate homicide, aggravated kidnapping, sexual abuse of children (aggravated cases), and mitigated deliberate homicide, among others.
Violent crime statistics from the Montana Board of Crime Control revealed that law enforcement agencies recorded 5,301 violent crimes in 2023. Compared to 2024 figures (5,015), this translates to a 5.4% decline in violent crime within the period under review.
An analysis of the violent crime statistics showed that murder and manslaughter decreased by 22% from 2023 (50) to 2024 (39). Aggravated assault, the most common violent crime, also declined by 4.8% between 2023 (4,248 cases) and 2024 (4,043 cases). Robbery reduced by 28% from 2023 (405 cases) to 2024 (291 cases). In contrast, rape incidents increased by 7.4% from 2023 (598 cases)to 2024 (642 cases).
| Crime | Brief Description |
|---|---|
| Deliberate Homicide (45-5-102) | A person commits deliberate homicide if they cause the death of another human being, or in the process of attempting or committing a forcible felony, cause the death of another human being. |
| Aggravated Kidnapping (45-5-303) | A person commits aggravated kidnapping if they restrain someone for ransom or as a hostage: to facilitate the commission of any felony or flight inflicts bodily injury to terrorize the victim to interfere with governmental or political function, or to hold them for a position of involuntary servitude (unless the offender has voluntarily released the victim alive, in a safe place, and not suffering from serious bodily injury). |
| Sexual Abuse of Children (45-5-625) |
A person commits sexual abuse of children if they knowingly:
|
| Mitigated Deliberate Homicide (45-5-103) | A person commits mitigated deliberate homicide if they purposely or knowingly cause the death of someone while under extreme mental or emotional stress for which there is a reasonable explanation. |
Prison Sentences and Fines for First Degree Felonies in Montana
Montana does not have standardized sentences and fines that apply to a specific category of felony crimes (e.g., first-degree). Instead, each offense statute specifies its own maximum (and occasionally minimum) punishments. As a result, most serious and violent felony crimes in the state have their unique sentences and fines.
Individuals convicted of deliberate homicide may face the death penalty (unless they were under 18 when the offense occurred), life imprisonment, or a term of not less than 10 years and not more than 100 years in many cases (46-18-301 through 46-18-310). Under §45-5-503, the crime of sexual intercourse without consent is punishable by life imprisonment or up to 20 years. If there are aggravated factors (such as underaged victims or bodily injury), sentences may increase up to 100 years, with mandatory minimums.
In cases where a felony statute does not specify a penalty, the court may impose sentences of up to 10 years in prison and fines not exceeding $50,000 (§46-18-213). This legally established minimum standard may explain why most Montana felony laws specify exact sentencing ranges for each serious crime, rather than grouping them into a single range like other US states.
| Montana First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| Deliberate homicide | Punishable by death, life imprisonment, or 10 to 100 years in prison, depending on the severity of the crime. | The statute does not specify a fixed maximum fine in § 45-5-102 itself; the focus is on imprisonment and possibly death |
| Sexual intercourse without consent | Life or up to 20 years (or up to 100 under aggravators) | Up to $50,000 |
| Aggravated Kidnapping | Convicted person may be punished by death, life imprisonment, or 2 to 100 years in prison. | May be fined up to $50,000. If victim is released alive and unharmed, punishment may be reduced (e.g., 2 to 10 years). |
| Aggravated Promotion of Prostitution of a Minor | Minimum 2 years in prison (up to 100 years) | Up to $50,000 |
| Mitigated Deliberate Homicide | Minimum of 2 years in jail (up to 40 years) | Same as above |
| Incest with a Victim Under 12 | Minimum of 4 years in prison (up to 100 years) | Same as above |
What is the Maximum Sentence for a First Degree Felony in Montana?
In Montana, there is no standard maximum penalty for a first-degree felony; the state does not classify felonies by degree. Instead, each statute sets specific penalty ranges. The state allows life sentences for most serious crimes; however, the courts may adopt the death penalty in particular instances, such as deliberate homicide. Most aggravated offenses have a statutory maximum sentence of up to 100 years (for example, some sexual offense enhancements) or mandatory life sentences. When a felony statute does not specify penalties, the court may impose up to 10 years in prison and a fine of up to $50,000 (§46-18-213).
What is First Degree Murder in Montana?
Although Montana does not categorize felonies by degree, a first-degree murder equates to deliberate homicide. Under Montana law (§45-5-102), deliberate homicide is defined as the intentional killing of another person. Montana law considers this offense to be the most severe form of killing. It imposes the harshest penalties on those convicted, including the death penalty where applicable, life imprisonment, or very long sentences such as 10–100 years, depending on the circumstances and statutory references.
Montana’s statute considers deliberate homicide the most serious homicide offense. It mandates the strictest penalties, which can include death where permitted, life imprisonment, or very long terms such as 10–100 years, depending on the circumstances and statutory cross-references. The gravity of the offense and the harshness of the penalties are aligned with first-degree felonies in other US states.
Can First Degree Felony Records Be Sealed or Expunged in Montana?
Under Title 46, Chapter 18, Part 11, interested parties may petition the district court to expunge certain misdemeanor convictions. Serious felonies (e.g., homicide, many sexual offenses) are not eligible for routine expungement.
To qualify for expungement in Montana, the petitioner must be free of recent convictions in the past five years. Additionally, they must not be currently detained or charged with a new offense, and must have completed all sentence terms, including financial obligations and treatment. However, if someone is applying to a U.S. military academy, enlisting in the armed forces, or currently serving, the conditions for expungement may be waived due to prior convictions.
Difference Between First Degree and Second Degree Felonies in Montana
Montana does not classify felonies as "first-degree" or "second-degree" like many other US states do. Instead, each law has its own penalty range, and words such as "deliberate", "aggravated", or "mitigated" are used to show different levels of severity.
In Montana, the most serious felonies (comparable to first-degree felonies) typically have the harshest punishments. They comprise offenses with lengthy prison terms like deliberate homicide (10–100 years or life), aggravated kidnapping (2–100 years or life), and aggravated burglary (up to 40 years). Montana's most severe crimes are often associated with deliberate violence, the use of deadly force, and pose extreme danger to human life and society.
Compared to the most severe crimes, less severe felonies (second-degree equivalents) are still serious but usually involve fewer aggravating factors, leading to shorter sentences. Examples of less severe felonies include negligent homicide (up to 20 years), basic kidnapping (2–10 years), and burglary (up to 20 years).
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First-Degree Equivalent (Most Severe Felonies) | Deliberate homicide, aggravated kidnapping (e.g., for ransom, serious harm), and aggravated burglary (armed or injury involved) |
|
| Second-Degree Equivalent (Less Severe Felonies) | Negligent homicide, kidnapping (without aggravated factors), burglary (unarmed, no injury) |
|
Statute of Limitations for First Degree Felony Charges in Montana
Under MCA §45-1-205, a felony typically has a five-year statute of limitations. There is no statute of limitations for homicide (deliberate, mitigated, or negligent), while many sexual-offense statutes impose longer or no limitation periods (e.g., certain child sexual offenses). Having statutes of limitations in place ensures the accuracy and timeliness of evidence and witness testimony. They also lower the possibility of extended legal action.
Probation and Parole Eligibility for First Degree Felonies in Montana
Under MCA 46-18-201, probation applies to nonviolent offenses at the discretion of judges. The law permits judges to consider alternatives to imprisonment for nonviolent felony offenders following an assessment of the nature of the crime, criminal history, and rehabilitation potential. Serious felonies (equivalent to first-degree felonies) are typically violent or sexual in nature and have mandatory prison sentences or defined statutes that make them ineligible for probation.
According to MCA 46-23-201, inmates incarcerated for offenses with jail terms determined by law may apply for nonmedical parole after completing at least 25% of their prison sentence. Montana law states that individuals convicted and serving life sentences must serve at least 30 years before they are eligible for parole. According to MCA 46-23-201, the Montana Board of Pardons and Parole may also deny a parole request if the sentencing judge limits it or if the law prohibits it, such as in cases of life without parole.
| Term | Definition | Eligible for First Degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Not allowed: Montana law typically prevents probation for serious crimes (deliberate homicide or aggravated sexual/kidnap offenders). Offenders covered by the mandatory “life without release” law are ineligible for sentence deferment or suspension. |
| Parole | Early supervised release from prison | Limited: A life sentence requires 30 years of service before parole consideration. A fixed term requires serving at least a quarter of the sentence. Parole is unavailable for Montana law-imposed mandatory life-without-release sentences. |
Impact of a First Degree Felony Conviction on Criminal Records in Montana
In Montana, convictions for serious felonies (equivalent to first-degree felonies) carry significant and lasting consequences for the offender's life. Some of these long-term consequences are listed below:
- Barriers to Employment: Some employers refuse to hire people with criminal convictions. Background checks may impede jobs in industries such as healthcare. Those with criminal records may face employment restrictions from public safety agencies and educational institutions.
- Housing Challenges: Landlords are often hesitant to offer rentals to people with felony convictions. Certain offenses may result in rejection of entry to public housing programs.
- Firearm Restrictions: Montana and federal laws prohibit most convicted individuals from legally possessing or carrying a firearm.
- Voting Rights: Individuals with felony convictions are deprived of the right to vote during their incarceration. Such rights are usually not restored until their release from prison.