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Mont. Code Ann. § 45-2-302

When accountability exists

Known as the Criminal Code

The act spans §§ 45–45 (382 sections).

Applied in 5 court decisions — leading case Gonzales v. Duenas-Alvarez (2007)

Most recently applied in McKenzy Alfred v. Merrick Garland (March 2023)

En. 94-2-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-107; amd

How often courts cite this section

1995200020102020202310
citing decisions per year

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.

A person is legally accountable for the conduct of another when:

(1) having a mental state described by the statute defining the offense, the person causes another to perform the conduct, regardless of the legal capacity or mental state of the other person;

(2) the statute defining the offense makes the person accountable; or

(3) either before or during the commission of an offense with the purpose to promote or facilitate the commission, the person solicits, aids, abets, agrees, or attempts to aid the other person in the planning or commission of the offense. However, a person is not accountable if:

(a) the person is a victim of the offense committed, unless the statute defining the offense provides otherwise; or

(b) before the commission of the offense, the person terminates the person's effort to promote or facilitate the commission and does one of the following:

(i) wholly deprives the person's prior efforts of effectiveness in the commission;

(ii) gives timely warning to the proper law enforcement authorities; or

(iii) otherwise makes proper effort to prevent the commission of the offense.

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.