Criminal endangerment, unlawful restraint, and kidnapping are general Montana offenses that apply to anyone. In a domestic case they are add-on charges: a prosecutor files them next to partner or family member assault (PFMA) when the report describes conduct that created serious risk, or describes someone being held, confined, or stopped from leaving. Their penalties range from 6 months in county jail to many years in prison. This page sets out the elements of each. It is part of our Montana Domestic Violence Guide.
The Statutes at a Glance
| Offense | MCA | Elements | Penalty |
|---|---|---|---|
| Negligent endangerment | § 45-5-208 | Negligently engaging in conduct that creates a substantial risk of death or serious bodily injury to another | County jail up to 1 year, a fine up to $1,000, or both |
| Criminal endangerment | § 45-5-207 | Knowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another | State prison up to 10 years, a fine up to $50,000, or both |
| Unlawful restraint | § 45-5-301 | Knowingly or purposely, without lawful authority, restraining another so as to interfere substantially with the person's liberty | County jail up to 6 months, a fine up to $500, or both |
| Kidnapping | § 45-5-302 | Knowingly or purposely, without lawful authority, restraining another by secreting or holding the person in a place of isolation, or by using or threatening to use physical force | State prison for 2 to 10 years; fine up to $50,000 |
| Aggravated kidnapping | § 45-5-303 | Kidnapping conduct done for a listed purpose, such as to inflict bodily injury on or to terrorize the victim | Death or life imprisonment as the statute provides, or state prison for 2 to 100 years; 2 to 10 years if the victim is voluntarily released alive, in a safe place, without serious bodily injury |
Criminal Endangerment: A Charge About Risk
PFMA requires bodily injury or reasonable apprehension of it. Criminal endangerment requires neither. The question is whether a person knowingly engaged in conduct that created "a substantial risk of death or serious bodily injury to another" (MCA § 45-5-207(1)). Because the statute speaks of risk, the State does not have to show that anyone was injured.
"Serious bodily injury" is a defined term with a high threshold, discussed in our page on aggravated assault on a partner. A risk of ordinary bodily injury is not enough for this charge. And the mental state is "knowingly." Where the conduct was negligent, the lesser offense of negligent endangerment applies, with a maximum of 1 year in county jail (MCA § 45-5-208).
The statute contains one specific limit that can matter in domestic incidents involving a vehicle: a high blood alcohol concentration alone is not sufficient to support a criminal endangerment charge (MCA § 45-5-207(2)).
Unlawful Restraint
A person commits unlawful restraint by knowingly or purposely, and without lawful authority, restraining another "so as to interfere substantially with the other person's liberty" (MCA § 45-5-301(1)). The penalty is a fine of up to $500, up to 6 months in county jail, or both.
In a domestic report, this charge can follow an allegation that one person held the other, stood in a doorway, or kept the other from leaving a room or a vehicle. The contested word is "substantially." The statute does not set a minimum time, and it does not define how much interference is enough, so the answer depends on what the evidence shows happened.
Kidnapping and Aggravated Kidnapping
Kidnapping is restraint carried out in one of two ways: "by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force" (MCA § 45-5-302(1)). The statute does not require that the person be moved anywhere. It carries a prison term of not less than 2 years or more than 10 years and a possible fine of up to $50,000, subject to the exceptions in MCA §§ 46-18-219 and 46-18-222.
A separate sentencing statute provides that the first 2 years of a sentence of imprisonment imposed for kidnapping may not be deferred or suspended, except as provided in § 46-18-222 (MCA § 46-18-205(2)).
Aggravated kidnapping is the same conduct done with one of several listed purposes, including "to inflict bodily injury on or to terrorize the victim or another" (MCA § 45-5-303(1)(c)). Its penalties are among the heaviest in the code. The range drops to 2 to 10 years if the person voluntarily released the victim alive, in a safe place, and with no serious bodily injury (MCA § 45-5-303(2)).
Because physical force appears in both PFMA and kidnapping, an incident the State describes as holding someone down or dragging them back into a house can be charged under both. Whether the facts really amount to restraint beyond the alleged assault itself is something a defense examines closely.
How These Differ From PFMA in Their Consequences
- No relationship element. The State does not have to prove the other person was a partner or family member.
- Not PFMA priors. The list of convictions that count toward a second or third PFMA does not include these offenses (MCA § 45-5-206(3)(b)). See how prior convictions count.
- Order of protection. A person who says a partner or family member committed criminal endangerment, negligent endangerment, unlawful restraint, kidnapping, or aggravated kidnapping against them is eligible to petition for an order of protection (MCA § 40-15-102(1)(b)).
- Prison-level exposure. Criminal endangerment and kidnapping carry state prison terms. A conviction for a crime punishable by more than one year in prison brings the federal firearm prohibition in 18 U.S.C. § 922(g)(1). See felony convictions and firearms.
When These Are Filed Next to a PFMA
Added counts change the shape of a case. Add a charge that carries a prison term to a misdemeanor PFMA and the stakes change. Each count still has to be proved on its own elements, and an added charge that does not fit the facts can be challenged. Our pages on the PFMA court process and plea agreements explain how multiple counts are dealt with.
A&M Law defends these charges in Western Montana. See our felony defense page. If you are being held or prevented from leaving by someone, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.