45-6-206. Unlawful squatting, MCA

Montana Code Annotated 2025

TITLE 45. CRIMES

CHAPTER 6. OFFENSES AGAINST PROPERTY

Part 2. Criminal Trespass and Burglary

Unlawful Squatting

45-6-206. Unlawful squatting. (1) A person commits the offense of unlawful squatting when the person knowingly, without the consent of the owner, rightful occupant, or an authorized representative of the owner:

(a) enters the premises of another; and

(b) resides on the premises for any period of time.

(2) A person convicted of unlawful squatting is guilty of a misdemeanor. In addition to the penalties provided in 46-18-212, the person must be ordered to make restitution in an amount equal to the fair market value rent for the duration of the party's occupancy of the premises.

(3) A person who knowingly presents a false document purporting to convey authorization to enter and remain on the premises commits the offense of forgery and is subject to the penalties provided in 45-6-325.

(4) A person who commits the offense of unlawful squatting and intentionally damages the property commits the offense of criminal mischief and is subject to the penalties provided in 45-6-101.

(5) Law enforcement may immediately remove a person who commits the offense of unlawful squatting from the premises. The provisions of 2-9-305 apply to indemnify law enforcement officers for actions arising under this subsection.

History: En. Sec. 1, Ch. 179, L. 2025.