What is a Second Degree Felony in Montana?

Unlike many jurisdictions, Montana does not classify felonies into degrees or classes. Each felony carries its own statutory definition and penalty, with statutes outlining the maximum term of imprisonment and allowable fines. Under Mont. Code Ann. § 45-2-101, a felony is defined as any offense punishable by death or by imprisonment in state prison for more than one year.

Historically, the state's Crime Seriousness Ranking (CSR) measured felony severity by placing offenses on a scale that runs from Level I, the most severe, to Level IX, the least. Offenses comparable to “second-degree felonies” align with Level II and Level III. Level II involves crimes using physical force or causing death under mitigating circumstances, such as aggravated kidnapping (§ 45-5-303) or mitigated deliberate homicide (§ 45-5-103). Level III covers serious types of crime involving violence, sexual misconduct, and drugs. Examples include aggravated assault (§ 45-5-202(1)), sexual intercourse without consent (§ 45-5-503), and criminal distribution of dangerous drugs (§ 45-9-101).

Which Crimes Are Considered Second Degree Felonies in Montana?

According to the Montana Sentencing Commission’s Crime Seriousness Ranking (CSR), the following offenses fall within what functions as “second-degree felonies”:

• Aggravated Assault (§ 45-5-202(1)): Involves purposely or knowingly causing serious bodily harm, or through force creating a reasonable fear of severe injury or death.
• Sexual Intercourse Without Consent (§ 45-5-503): Committed when intercourse is non-consensual, forced, or involves a person who is legally unable to give consent.
• Criminal Distribution of Dangerous Drugs (§ 45-9-101): Encompasses selling, trading, giving away, or otherwise distributing controlled substances.
• Sexual Abuse of Children (§ 45-5-625): Arises when a child is subjected to sexual contact, exploitation, or comparable abuse.
• Carrying a Concealed Weapon (§ 45-8-316(2)): Involves unlawfully concealing a firearm or other dangerous weapon.
• Negligent Vehicular Assault (§ 45-5-205(3)): Established when a reckless or impaired driver causes injury through negligent conduct.
• Incest (§ 45-5-507): Committed when an individual knowingly engages in sexual activity with a close family member.
• Mitigated Deliberate Homicide (§ 45-5-103): Applies when intentional killing happens under extreme emotional disturbance.
• Aggravated Kidnapping (§ 45-5-303): Defined by kidnapping tied to ransom demands, inflicted harm, or perilous circumstances.
• Criminal Production or Manufacture of Dangerous Drugs (§ 45-9-110): Involves making or producing illegal drugs.
• Operation of an Unlawful Clandestine Laboratory (§ 45-9-132): Centers on running or maintaining a covert drug lab.
• Aggravated Promotion of Prostitution (§ 45-5-603): Involves advancing prostitution through force or by exploiting minors.
• Criminal Distribution of Dangerous Drugs on or Near School Property (§ 45-9-109): Applies when drugs are distributed within 1,000 feet of school grounds.
• Impersonation of a Public Servant (§ 45-7-209): Committed when an individual falsely presents as a police officer or other public official.

What is Second Degree Murder and How is it Classified in Montana?

Second-degree murder is not listed by name in Montana law. Its closest match is mitigated deliberate homicide (§ 45-5-103). Deliberate homicide (§ 45-5-102) covers killings carried out on purpose or with clear awareness, often reflecting planned action.

• Deliberate Homicide (First-Degree murder): Under § 45-5-102, deliberate homicide occurs when someone intentionally causes another’s death, when a death happens during crimes like robbery, burglary, or aggravated assault, or when the death of a fetus is caused with knowledge of pregnancy.
• Mitigated Deliberate Homicide (Second-Degree murder): Mitigated deliberate homicide (§ 45-5-103) applies when someone kills in the middle of overwhelming emotion or stress that makes the act somewhat understandable. It still counts as an intentional killing but carries less blame than deliberate homicide.
• Negligent Homicide (Manslaughter): Mont. Code Ann. § 45-5-104 defines negligent homicide as causing death through careless or reckless behavior. It applies when a death happens because someone acted carelessly without meaning to kill, making it the state’s form of manslaughter.

Montana Second Degree Felonies Penalties and Punishments

Montana sentencing reflects both statute and judicial discretion, giving courts flexibility to balance accountability with fairness. Sentences can involve prison terms, fines, probation, restitution, treatment, or community supervision, and judges often combine these measures to fit the seriousness of the offense and the individual’s history. This allows outcomes to be adapted rather than rigid, making room for rehabilitation when appropriate.

Aggravated assault may bring a sentence of up to 20 years in prison along with fines that can reach $50,000. Criminal distribution of dangerous drugs is treated more severely, carrying penalties of up to 25 years of imprisonment, a fine of up to $50,000, or both under Mont. Code § 45-9-101. For a first offense, imprisonment can extend to 40 years with fines not exceeding $50,000. Repeat drug offenses result in harsher outcomes: a second or subsequent conviction may lead to life imprisonment and fines of up to $50,000. If drug distribution leads to a death, punishment increases significantly, allowing for up to 100 years in prison and fines as high as $100,000.

Negligent homicide carries a maximum sentence of 20 years and fines of up to $50,000. Mitigated deliberate homicide, which accounts for killings under extreme emotional stress, carries a range of 2 to 40 years in prison along with possible fines up to $50,000 (Mont. Code § 45-5-103). The table below summarizes the penalties for serious felonies in Montana.

Are Second Degree Felony Records Public in Montana?

Yes. Second-degree felony records in Montana are generally public under Montana Code Annotated (MCA), Title 2, Chapter 6, but some records face restrictions depending on case status, convictions, and court orders. Conviction records are normally publicly available, but certain non-conviction and sealed records are limited.

Restricted or confidential records include:

• Records of charges that never led to conviction (dismissed or dropped), once removed
• Deferred sentences not yet dismissed, which remain visible until the court issues dismissal.
• Sealed records which became confidential criminal justice information, and are accessible only to law enforcement and specific justice agencies.

How to Access Second Degree Felony Court Records in Montana

Montana law upholds public access to court records under state open records rules, though certain categories remain shielded by confidentiality.

• Court access: Felony prosecutions, including second-degree felonies, are handled in the District Courts. To retrieve these records, a requester should first identify the court of filing, which is typically the District Court located in the county where the alleged crime took place. Once identified, requests for case records can begin at that local level.
• Online access: Records may be searched through the District Court Public Access Portal and the Courts of Limited Jurisdiction Public Access Portal by entering a case number or party name. If documents are not accessible online, the clerk of court where the case was filed may be contacted directly. Requests can be made in person or in writing. Clerks will inform requesters of applicable fees and whether certified or standard copies are available. Confidential records remain restricted, including juvenile matters, sealed files, mental health proceedings, or other information protected by law.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Second-degree felony charges in Montana may be reduced or dismissed, but results depend on case facts, supporting evidence, and defense strategy. Defendants should seek experienced counsel promptly to review proof, negotiate pleas, and pursue dismissals under Mont. Code Ann. § 46-13-401. Prosecutors can offer plea bargains that lower charges to lesser offenses, often in exchange for cooperation or a guilty plea. Charges may be reduced when evidence undermines the original accusation. Dismissals follow where proof proves inadequate, constitutional violations taint collection (for example, unlawful searches), or prosecutors filed charges erroneously.

Judges decide motions to dismiss and evaluate plea agreements to ensure legal and factual sufficiency. State law does not guarantee reductions or dismissals; criminal procedure permits these remedies when warranted.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Montana?

It depends. In Montana, expungement is narrowly defined. Convictions for second-degree felonies or murder cannot be expunged or sealed under the state’s ordinary record-clearing laws. Felony records remain accessible unless addressed through specialized remedies such as clemency or statutory resentencing provisions. However, certain circumstances allow records tied to felony charges to be hidden or cleared when no conviction resulted.

Records for a second-degree felony that did not result in conviction may be addressed in the following ways:

• Deferred Imposition of Sentence: When a felony sentence is deferred and conditions are met, the court must dismiss the charge (§46-18-204). The dismissal seals the record and limits public access.
• Dismissed Charges or Acquittals: A record may be erased if charges are dismissed, dropped, or an acquittal is entered. After at least 13 months, a petition may be filed; in some felony cases, the waiting period is 60 days after conditions are satisfied.
• Wrongful Conviction: A certificate of innocence authorizes the court to expunge and purge all related arrest and conviction records. This process requires a minimum three-year waiting period.

How Long Do Second Degree Felony Records Stay Public in Montana?

Indefinitely. In Montana, second-degree felony records remain public indefinitely because state law does not provide expungement or sealing for felony convictions. Unless charges are dismissed, acquitted, or addressed through narrow remedies such as deferred sentencing or a certificate of innocence, criminal records stay permanently accessible to the public.