Montana Code Annotated 2019

TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 1. Conduct Disruptive of Public Order

Disorderly Conduct

45-8-101. Disorderly conduct. (1) A person commits the offense of disorderly conduct if:

(a) the person knowingly disturbs the peace by:

(i) quarreling, challenging to fight, or fighting;

(ii) making loud or unusual noises;

(iii) using threatening, profane, or abusive language;

(iv) rendering vehicular or pedestrian traffic impassable;

(v) rendering the free ingress or egress to public or private places impassable;

(vi) disturbing or disrupting any lawful assembly or public meeting;

(vii) transmitting a false report or warning of a fire or other catastrophe in a place where its occurrence would endanger human life;

(viii) creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; or

(ix) transmitting a false report or warning of an impending explosion in a place where its occurrence would endanger human life; or

(b) in the course of engaging in any of the conduct prohibited by subsections (1)(a)(i) through (1)(a)(vi), a peace officer recognizes the person's conduct creates an articulable public safety risk.

(2) (a) Except as provided in subsections (2)(b), (3), and (4), a person convicted of the offense of disorderly conduct shall be fined an amount not to exceed $100.

(b) A person convicted of a second or subsequent violation of subsections (1)(a)(i) through (1)(a)(vi) within 1 year shall be fined an amount not to exceed $100 or be imprisoned in the county jail for a term not to exceed 10 days, or both.

(3) A person convicted of a violation of subsections (1)(a)(vii) through (1)(a)(ix) shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

(4) A person convicted of a violation of subsection (1)(b) shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 1 day, or both.

History: En. 94-8-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-101; amd. Sec. 1, Ch. 508, L. 1989; amd. Sec. 8, Ch. 415, L. 1991; amd. Sec. 1693, Ch. 56, L. 2009; amd. Sec. 1, Ch. 250, L. 2013; amd. Sec. 16, Ch. 321, L. 2017; amd. Sec. 2, Ch. 372, L. 2019.