A person who is in an intoxicated condition is criminally responsible for the person's conduct, and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state that is an element of the offense unless the defendant proves that the defendant did not know that it was an intoxicating substance when the defendant consumed, smoked, sniffed, injected, or otherwise ingested the substance causing the condition.
Mont. Code Ann. § 45-2-203
Responsibility -- intoxicated condition
Known as the Criminal Code
The act spans §§ 45–45 (382 sections).
Applied in 8 court decisions — leading case State of Arizona v. Eric Boyston (2013)
Most recently applied in Peo v. Stone (February 2020)
En. 94-2-109 by Sec. 1, Ch. 513, L. 1973; amd
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.