Stalking in Montana is defined by MCA § 45-5-220. A person commits it by purposely or knowingly engaging in a course of conduct directed at a specific person, when the person knows or should know that the conduct would cause a reasonable person to fear for their safety or the safety of a third person, or to suffer other substantial emotional distress. It is not limited to partners or family members, but it can be charged after a relationship ends or alongside an order of protection. This page is part of our Montana Domestic Violence Guide.
Course of Conduct: Two or More Acts
A single incident is not stalking. The statute requires a "course of conduct," defined as two or more acts, "including but not limited to acts in which the offender directly or indirectly, by any action, method, communication, or physical or electronic devices or means, follows, monitors, observes, surveils, threatens, harasses, or intimidates a person or interferes with a person's property" (MCA § 45-5-220(2)(a)).
Two parts of that definition deserve attention. "Directly or indirectly" means acts carried out through another person can count. And the list is open ended ("including but not limited to"), so conduct does not have to match one of the named verbs.
The Fear or Distress Element
The State does not have to prove the accused intended to frighten anyone. It has to prove the person purposely or knowingly engaged in the conduct, and knew or should have known that it would cause a reasonable person to:
- fear for the person's own safety or the safety of a third person, or
- suffer other substantial emotional distress.
"Reasonable person" means a reasonable person under similar circumstances as the alleged victim, and the statute calls this an objective standard (MCA § 45-5-220(2)(c)). "Substantial emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling (MCA § 45-5-220(2)(d)).
Tracking, Messaging, and Other Electronic Conduct
The statute was written with technology in mind. A course of conduct can be carried out by "electronic devices or means," and "monitors" includes "the use of any electronic, digital, or global positioning device or similar technological means" (MCA § 45-5-220(2)(b)).
Repeated messages can also be charged under a different statute, privacy in communications. In either kind of case the messages themselves become the evidence. See texts, photos, and digital evidence.
Contact After Being Told to Stop
Under MCA § 45-5-220(7), attempts to contact or follow a person after the accused "has been given actual notice that the stalked person does not want to be contacted or followed" are prima facie evidence that the accused purposely or knowingly followed, harassed, threatened, or intimidated that person. Prima facie evidence is a starting point that the defense can rebut. It is not a conviction.
The practical point is simple. Once someone has told you they do not want contact, further attempts can be used to prove a stalking charge. If you need to communicate about children, property, or a court case, a lawyer can arrange a lawful channel.
Penalties
| Situation | Penalty | MCA |
|---|---|---|
| First offense, none of the listed circumstances | County jail up to 1 year, a fine up to $1,000, or both | § 45-5-220(4)(a) |
| Second or subsequent offense within 20 years | State prison up to 5 years, a fine up to $10,000, or both | § 45-5-220(4)(b) |
| First offense when the offender violated any order of protection | State prison up to 5 years, a fine up to $10,000, or both | § 45-5-220(4)(b) |
| First offense when the offender used force or a weapon, or threatened to | State prison up to 5 years, a fine up to $10,000, or both | § 45-5-220(4)(b) |
| First offense when the victim is a minor and the offender is at least 5 years older | State prison up to 5 years, a fine up to $10,000, or both | § 45-5-220(4)(b) |
A court may also order a person convicted of stalking to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense (MCA § 45-5-220(4)(c)). Prior convictions include convictions under similar statutes in other states and certain bail forfeitures (MCA § 45-5-220(6)).
Stalking and Orders of Protection
The two are linked in both directions. Credible evidence of stalking is a basis for an order of protection (MCA § 45-5-220(5)), and violating "any order of protection" while stalking raises a first offense to the 5-year range. Orders of protection are required to carry a warning that a violation is a criminal offense under § 45-5-220 or § 45-5-626 and may carry penalties of up to $10,000 in fines and up to a 5-year sentence (MCA § 40-15-204(9)).
So the same conduct can be charged as violating an order of protection, as stalking, or both. The stalking statute does not say whether a criminal no contact order issued under § 45-5-209 counts as an "order of protection" for this purpose. Either way, the safe course is the same: follow every order exactly. Our page on what counts as contact explains how broadly orders are written.
A&M Law defends stalking and other domestic violence charges in Western Montana. If you are afraid of someone who is following or contacting you, 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.