Intimidation Crimes in Montana
A person commits the offense of intimidation when, with the purpose to cause another to either perform or to omit the performance of any act, the person communicates, without lawful authority, and under circumstances which reasonably tend to produce a fear that it will be carried out, a threat to:
- inflict physical harm on the person threatened or any other person;
- subject any person to physical confinement or restraint;
- commit any felony.
The jury instruction for intimidation by the commission of a felony, restraint, or threat of harm can be found at MCJI 5-109. Related offenses can include assault and stalking. The crime of intimidation is punishable by a fine of up to $50,000 and/or up to 10 years in prison.
Attorney for Intimidation in Helena Montana
If you were charged with intimidation in Helena, Montana, or any of the surrounding areas, then contact an experienced criminal defense attorney at Beebe Law Firm. Call today to speak directly with attorney Greg Beebe about the facts of your case and potential defenses that can help you fight the charges aggressively.
Greg Beebe represents clients charged under Montana's intimidation statute in Helena, Montana, and throughout Lewis and Clark County. He also represents clients charged with violent crimes throughout Boulder in Jefferson County, and the surrounding areas of Cascade County, Broadwater County, Flathead County, Meagher County, Teton County and Powell County.
Elements in Montana’s Intimidation Statute
Under MCJI 5-109(a), to convict the Defendant of the charge of intimidation, the State must prove the following elements:
- That the Defendant communicated to the alleged victim a threat to [inflict physical harm on (him/her/any other person)] [subject any person to physical confinement or restraint] [commit any felony];
- That the Defendant was without legal authority to perform the threatened act; and
- That the circumstances reasonably tended to produce a fear that the threat would be carried out; and
- That the Defendant had the purpose to cause the alleged victim to [perform] [omit the performance of] any act.
Intimidation: Pending Fire, Explosion Disaster
A person commits the offense of Intimidation if the person knowingly communicates an either a threat or false report of a pending fire, explosion or disaster which would endanger life or property.
The jury instruction for intimidation involving a false report of a pending fire or explosion disaster can be found at MCJI 5-110.
Malicious Intimidation or Harassment Relating to Civil or Human Rights
Under MAC §45-5-221, Montana law prohibits “Malicious Intimidation or Harassment Relating to Civil or Human Rights.” Under this statute, it is illegal to cause someone “reasonable apprehension of bodily injury,” actual bodily injury, or damage to one’s property “with the intent to terrify, intimidate, threaten, harass, annoy, or offend” because of a prejudice against any of the following:
- national origin; or
- involvement in civil rights or human rights activities.
Elements of the Crime of Intimidation in Montana
Under MCA § 45-5-203(2), to convict the Defendant of Intimidation under Montana law, the prosecutor must prove the following elements:
- That the Defendant communicated a [threat] [false report] of a pending [fire] [explosion] [disaster] which would endanger life or property; and
- That the Defendant acted knowingly.
Attorney for Intimidation Charges in Helena, Montana
If you were charged with the serious criminal charge of intimidation in Montana, then contact an experienced criminal defense attorney at Beebe Law Firm. Greg Beebe represents clients throughout Helena in Lewis and Clark County, Montana, as well as the surrounding areas.
Call today to discuss any criminal charge for a violent crime such as battery, assault, kidnapping, stalking, or robbery. Call 1 (406) 442-3625.