45-7-303. Obstructing justice. (1) For the purpose of this section “an offender” means a person who has been or is liable to be arrested, charged, convicted, or punished for a public offense.

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Terms Used In Montana Code 45-7-303

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)A person commits the offense of obstructing justice if, knowing another person is an offender, the person purposely:

(a)harbors or conceals an offender;

(b)warns an offender of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring an offender into compliance with the law;

(c)provides an offender with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension;

(d)prevents or obstructs by means of force, deception, or intimidation anyone from performing an act that might aid in the discovery or apprehension of an offender;

(e)suppresses by act of concealment, alteration, or destruction any physical evidence that might aid in the discovery or apprehension of an offender; or

(f)aids an offender who is subject to official detention to escape from official detention.

(3)A person convicted of obstructing justice shall be:

(a)imprisoned in the state prison for a term not to exceed 10 years if the offender has been or is liable to be charged with a felony; or

(b)fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, if the offender has been or is liable to be charged with a misdemeanor.