Criminal Statutes of Limitations
Montana

Last Updated: December 2017
Sexual assault Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 20 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.

Statutory citation(s):

  1. Citation for the crime: Mont. Code § 45-5-502.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.





Sexual intercourse without consent Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 20 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.

Statutory citation(s):

  1. Citation for the crime: Mont. Code § 45-5-503.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205





Indecent exposure Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 20 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.

Statutory citation(s):

  1. Citation for the crime: Mont. Code § 45-5-504.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.





Deviate sexual conduct Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within five years after commission of the offense if a felony; or
  2. If a misdemeanor, within one year after commission of the offense.

Statutory citation(s):

  1. Legal proceedings against a perpetrator of this crime must commence within five years after commission of the offense if a felony; or
  2. If a misdemeanor, within one year after commission of the offense.





Incest Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within 20 years after the victim reaches 18 for felony offenses if victim is under 16 and offender is at least three years older, or if offender inflicts bodily injury upon anyone in the course of committing incest; or
  2. Within 20 years after victim reaches 18 for felony offenses if victim is under 12 and the offender was 18 years of age or older at the time the offense occurred; or
  3. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18.
  4. Generally, legal proceedings against a perpetrator of this crime must commence within five years for a felony offense, or one year for a misdemeanor offense.

Statutory citation(s):

  1. Citation for the crime: Mont. Code § 45-5-507.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.





Sexual abuse of children Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 20 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.

Statutory citation(s):

  1. Citation for the crime: Mont. Code § 45-5-625.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205





Ritual abuse of minors Answer

What is the statute of limitations for this crime?

  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 20 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.

Statutory citation(s):

  1. Citation for the crime: Mont. Code § 45-5-627.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.





Are there any exceptions to the statute of limitations laws? Answer
Exceptions
  • Mont. Code § 45-1-205 General time limitations
    • (b)(9) If a suspect is conclusively identified by DNA testing after a time period prescribed in subsection (1)(b) or (1)(c) has expired, a prosecution may be commenced within one year after the suspect is conclusively identified by DNA testing.





Anything else I should know? Answer
Anything else I should know?
  • Civil Actions
    • Mont. Code § 27-2-216 Tort actions—childhood sexual abuse
      • An action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse (i.e., any act committed against a plaintiff who was less than 18 years of age and that would have been a violation of §45-5-502, 45-5-503, 45-5-504, 45-5-507 or 45-5-625) must be commenced not later than (1) three years after the act of childhood sexual abuse that is alleged to have caused the injury; or (2) three years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.
    • Mont. Code § 27-2-217 Tort actions—ritual abuse of minor
      • An action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of ritual abuse of a minor (§45-5-627) must be commenced not later than (1) three years after the act of ritual abuse of a minor that is alleged to have caused the injury, or (2) three years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of ritual abuse of a minor
  • Period of Limtations Mont. Code § 45-1-206 Periods excluded from limitation. The period of limitation does not run during:
    • (1) any period in which the offender is not usually and publicly resident within the state or is beyond the jurisdiction of the state;. . . ; or
    • (3) a prosecution pending against the offender for the same conduct, even if the indictment, complaint, or information that commences the prosecution is dismissed.








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