Montana Laws
129 articles · page 1 of 3
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Are Autopsy Reports Public in Montana? (2026)
Montana autopsy reports are restricted, released only to next of kin, insurers, or law enforcement after a case closes. How to request one and the fee.
Are Brass Knuckles Legal in Montana? (2026 Weapons Law)
Montana's concealed-weapon law covers firearms only. Brass knuckles are banned in school buildings (MCA 45-8-361) and for prisoners (45-8-318).
Are Magic Mushrooms Legal in Montana? Psilocybin Laws (2026)
Psilocybin is Schedule I in Montana. Possession carries up to 5 years in state prison, and the state has no psilocybin therapy or decriminalization law.
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Bankruptcy in Montana (2026): Exemptions & Means Test
Montana bankruptcy guide: the state opted out of federal exemptions, a $425,827 (2026) indexed homestead under MCA 70-32-104, plus the April 2026 means test.
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Common Law Marriage in Montana: Is It Recognized? (2026)
Montana recognizes common law marriage under MCA 40-1-403. Learn the 3 requirements (capacity, mutual agreement, public repute), debunk the 7-year myth, and how it ends.
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How Long Is a Life Sentence in Montana? (2026 Guide)
Complete guide to life sentences in Montana: parole eligibility, LWOP rules, notable cases, recent legislative changes, and sentencing statutes. Updated March 2026.
How to Find a Cause of Death in Montana (2026)
In Montana the cause of death appears on the death certificate, which any person can order for $16. Learn where it is recorded and how to request it.
How to Get a Montana Death Certificate (2026 Guide)
Get a Montana death certificate for $16 per copy from any County Clerk & Recorder, by mail, or online via VitalChek. Here is who qualifies and how to order.
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Is Blackmail Illegal in Montana? Extortion Laws and Penalties
Montana charges extortion as theft by threat (45-6-301), intimidation or electronic extortion (45-8-213); child-image threats fall under 45-5-625.
Is Embezzlement a Felony in Montana? Theft and Forgery Penalties
Montana embezzlement is theft (MCA 45-6-301(6)): a felony over $1,500; over $10,000, 1 to 10 years in prison or probation with restitution. Forgery: up to 20 years.
Is Jaywalking Illegal in Montana? Crossing Rules and Fines (2026)
Montana pedestrians crossing outside a crosswalk must yield to all vehicles (MCA 61-8-503), and cities may require crosswalks. A first fine is $10 to $100.
Is Kratom Legal in Montana? (2026 Law and 7-OH Status)
Montana's schedules do not name kratom, mitragynine or 7-OH; one could be treated as a Schedule I analogue if it meets MCA 50-32-101(7). No kratom age limit.
Is Lane Splitting Legal in Montana? (2026 Lane Filtering Law)
Montana allows motorcycle lane filtering past traffic stopped or moving 10 mph or less, at up to 20 mph (MCA 61-8-392). Splitting at speed is not authorized.
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Legal Separation in Montana: Requirements, Orders and Conversion
Montana grants legal separation under MCA 40-4-104(2) unless the other spouse objects. Learn the 90-day residency rule, property orders and 6-month conversion.
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MCDPA Compliance Checklist: Montana Privacy (2026)
MCDPA compliance (Mont. Code Ann. 30-14-2803): applicability at 25,000/15,000 thresholds, notice, opt-in, assessments. Cure period ended October 1, 2025.
MCDPA Consumer Rights: Montana Privacy Rights (2026)
Montana's MCDPA (Mont. Code Ann. 30-14-2808) gives access, correction, deletion, portability, and opt-out rights, with a 45-day response window.
Medical Malpractice Laws in Montana (2026): Deadlines & Caps
Montana medical malpractice in 2026: the 2-year deadline (MCA 27-2-205), the rising $350,000 noneconomic cap, and mandatory Medical Legal Panel review.
Montana Adoption Records: The Three Rules for Releasing an Original Birth Certificate
Montana's rule for releasing a sealed original birth certificate depends on when the adoption happened. See the three date tiers, fees, and how to apply.
Montana Age of Consent Laws: Statutes, Penalties and Reporting
How Montana criminal law protects minors under 16 and 18, with consent rules, 3 and 4 year penalty tiers, grooming law, registration and where to report.
Montana Age Verification Law: SB 544 and the 2025 Amendment Explained
Montana's age-verification law (Mont. Code Ann. §30-14-159) is now enforceable only by private damages suits after a 2025 amendment stripped AG authority.
Montana AI Laws and Regulation (2026)
Guide to Montana AI laws, regulation, and legislation covering deepfakes, employment AI, healthcare AI, and more.
Montana AI Meeting Recording Laws (2026)
Montana AI meeting recording laws: recording with a hidden device requires the knowledge of all parties, a warning satisfies the law, and the offense is a misdemeanor of up to $500 and 6 months.
Montana Annulment Laws: Grounds, Deadlines and How to File (2026)
Montana calls annulment a declaration of invalidity under MCA 40-1-402. See the four grounds, the 1, 2 and 4-year deadlines, and what happens to children.
Montana Assault Laws: Simple vs Aggravated Assault and Penalties
Montana has no battery crime: MCA 45-5-201 defines assault. See penalties for simple and aggravated assault, officer assaults and partner or family member assault.
Montana At-Will Employment Laws: The WDEA Good-Cause Standard
Montana is the only US state that is not at-will. After the probationary period, employers must have good cause to fire under the WDEA (Mont. Code Ann. 39-2-901 to 39-2-915).
Montana Audio Recording Laws: All-Party Consent Rules and Penalties (2026)
Montana audio recording laws require all-party knowledge under MCA 45-8-213. Learn the warning exception, graduated penalties, and how to record legally.
Montana Background Check Laws (2026 Guide)
Montana background check laws: Ban the Box, lookback periods, Clean Slate, employer and housing checks.
Montana Biometric Privacy Laws: Collection, Consent & Penalties (2026)
Montana MCDPA classifies biometric data as sensitive, requiring opt-in consent. AG-only enforcement with penalties up to $7,500 per violation. No private right of action.
Montana Birth Certificate: Fees, How to Order and Who Is Eligible
Montana DPHHS Vital Records charges $16 for every birth certificate. Order by mail, through VitalChek or VRO, or at any county Clerk and Recorder in Montana.
Montana Car Accident Laws: Fault, Insurance, and Your Claim
Montana is an at-fault state with a 51% comparative negligence bar, 25/50/20 minimum insurance, and a 3-year statute of limitations (MCA 27-2-204).
Montana Car Seat Laws (2026): Ages, Booster & 2025 Update
Montana requires rear-facing seats until age 2 and harness or booster seats until age 8, per MCA 61-9-420. See the 2025 amendment, penalty, and exemptions.
Montana Child Custody Laws (2026): Parenting Plans, Best Interests, and Your Rights
Montana resolves custody through a parenting plan under MCA 40-4-212. Learn the 13 best-interests factors, relocation notice rules, and how to modify a plan.
Montana Child Support Laws (2026): Guidelines & Calculator
Montana uses the Modified Melson Formula for child support under ARM 37.62. Learn how the three-stage calculation works, 2026 allowance amounts, and enforcement.
Montana Court Records: How to Search the New Public Access Portals, What's Public, and How Expungement Works
Montana court records now run through two new statewide portals. Learn what's covered so far, what's public, and how Montana's record relief rules work.
Montana Dashcam Laws: Recording Rules, Audio Consent, and Windshield Mounting (2026)
Montana dashcam laws allow video recording on public roads, but audio from hidden devices requires all-party knowledge under MCA 45-8-213. Learn mounting rules and penalties.
Montana Data Breach Notification Laws: Reporting Rules & Timelines (2026)
Montana requires data breach notification without unreasonable delay under Mont. Code 30-14-1704. Learn who must be notified, protected data types, AG reporting rules, and penalties.
Montana Data Privacy Laws: MCDPA Consumer Rights Guide (2026)
Montana Consumer Data Privacy Act (MCDPA) explained. Learn your rights to access, delete, and opt out of data sales under Mont. Code Ann. 30-14-2801, plus breach notification rules.
Montana Death Records: Are They Public + How to Get Them
Montana is an open-record state: anyone can get a certified death certificate for $16, with no waiting period. See who can request and how to order.
Montana Debt Collection Laws: Garnishment Limits, the New 6-Year Rule, and Repossession
Montana caps wage garnishment at 25% of disposable earnings, and a 2025 law cut the written-contract statute of limitations to 6 years.
Montana Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
Montana has among the most comprehensive deepfake laws in the US. Learn about HB 514 (NCII criminal), SB 25 (election disclosure), HB 513 (voice/likeness rights), and federal TAKE IT DOWN Act protections.
Montana Defamation Laws: Libel & Slander (2026)
Montana defamation laws: the two-year statute of limitations (MCA 27-2-204), statutory libel and slander definitions, and the 2025 UPEPA anti-SLAPP law.
Montana Disorderly Conduct and Trespass Laws: Penalties (2026)
Montana disorderly conduct (MCA 45-8-101) carries up to $100, 10 days, or both in most forms. Criminal trespass has no degrees: up to $500, 6 months, or both.
Montana Divorce Laws (2026): Grounds, Residency, and Process
Montana divorce laws explained: no-fault only (irretrievable breakdown), 90-day residency, 21-day wait after service, no mandatory separation, equitable distribution.
Montana Dog Bite Laws: Liability and Victim Rights
Learn Montana dog bite laws: strict liability in cities under MCA 27-1-715, negligence rules in rural areas, 3-year filing deadline, and victim rights.
Montana Drone Laws (2026): Warrants, Trespass & Hunting
Montana bars using drone-gathered evidence against you without a warrant, and its 2025 law makes low-altitude drone flights over private land a trespass.
Montana DUI Laws: Penalties, BAC Limit & License (2026)
Montana DUI laws: the 0.08% BAC limit, first-offense penalties under MCA 61-8-1002, the 6-month suspension, aggravated DUI at 0.16%, and the felony fourth.
Montana E-Scooter Laws: Sidewalk, Helmet & Age Rules (2026)
Montana's motorized scooter law (MCA 61-1-101, 61-8-608) excludes scooters from motor vehicle DUI rules and allows sidewalk use only with the motor off.
Montana Easements and Eminent Domain: Prescriptive Rights and Takings
Montana prescriptive easements need 5 years of adverse use (MCA 23-2-322). See landlocked-land options, private roads, and eminent domain compensation and fee rules.
Montana Emancipation Laws: How Limited Emancipation Works in Montana (2026)
Montana grants only limited emancipation under Mont. Code Ann. 41-1-501 to 41-1-503. Learn the age-16 minimum, what the petition must show, which adult rights the court can specify, and how emancipation affects child support and FAFSA.
Montana Employee Monitoring Laws: Workplace Surveillance and Social Media (2026)
Montana employee monitoring law explained: the MIPPA social media password ban, all-party consent recording, and the lack of a state GPS tracking notice statute.
Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)
Montana allows misdemeanor expungement under Mont. Code Ann. § 46-18-1101 et seq. Learn eligibility, the 5-year waiting period, excluded offenses, and the court filing process.
Montana Felony vs Misdemeanor: Sentences, Fines and Probation (2026)
Montana has no felony classes; the sentence imposed decides whether an offense is a felony. See default penalties, persistent offender rules and probation limits.
Montana Final Paycheck Laws: Immediate Payment on Discharge
Montana requires immediate final wages when you're fired (within about 4 hours or by end of day) and bans vacation forfeiture. Penalties and filing explained.
Montana Fireworks Laws (2026): Sale Windows and Penalties
Montana allows permissible fireworks June 24-July 5 and Dec 29-31. Violating the chapter is a misdemeanor: $100-$500 fine and/or 30 days to 6 months in jail.
Montana GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
Is it legal to put a GPS tracker on a car in Montana? MCA 45-5-220 names GPS devices in the stalking law. Penalties, AirTag rules, and your privacy rights.
Montana Grandparents' Rights Laws: Visitation, Custody, and the Presumption You Must Overcome
Montana lets any grandparent petition for contact, but Polasek v. Omura requires courts to weigh a fit parent's wishes first. What that means.
Montana Guardianship Laws: Minors, Adults and Conservators (2026)
How Montana guardianship works under Title 72, chapter 5: the findings a court needs, jury rights, 6-month parental powers of attorney, wills and conservators.
Montana Hit and Run Laws: Penalties and What to Do
Understand Montana's hit and run laws: legal obligations after an accident, penalties for leaving the scene, and steps to protect your rights.
Montana Homestead Exemption: Reduced Tax Rate and How to Apply
Montana's homestead benefit is a lower tiered tax rate on a principal residence. See the 2026 rates, the 2027 deadline, who is eligible and other relief.
Montana Identity Theft Laws: Penalties and the Identity Theft Passport
Montana identity theft under Mont. Code Ann. 45-6-332 offers an Identity Theft Passport and free expungement. See penalties, victim rights, and freezes.