Statute of Limitations for Class B / 2nd Degree Felony in Montana

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Montana, the statute of limitations (SOL) sets a deadline for the state to file a criminal case after an alleged offense. For a Class B felony / 2nd degree felony, the key starting point is whether Montana treats it under the general SOL rule (rather than a claim-type-specific enhancement).

For this topic, the available jurisdiction data indicates no claim-type-specific sub-rule was found for the Class B / 2nd degree felony category. That means you should treat the general/default SOL period as the governing deadline for this page, unless you later confirm an exception applies to the specific facts of a case.

DocketMath’s statute-of-limitations calculator is designed to translate that legal framework into a practical timeline so you can see how deadlines shift based on dates (like offense date and when a charging instrument was filed).

Limitation period

General SOL period for Class B / 2nd degree felony (Montana)

Based on the provided Montana data, the general SOL period is 3 years, using:

• General SOL Period: 3 years
• General Statute: **Montana Code Annotated § 27-2-102(3)

Because the brief’s note states that no claim-type-specific sub-rule was found, the 3-year period should be treated as the default for Class B / 2nd degree felony unless another exception or tolling event applies (covered below).

How the SOL deadline is typically measured

In practice, SOL calculations start from the relevant event date (commonly the date of the alleged offense) and then run for the designated period. The “end date” you compute is the latest date on which the case can be properly commenced under the SOL rule.

To make this usable, DocketMath’s calculator will generally require you to supply:

• Offense date (the date you believe the alleged conduct occurred)
• Date charging occurred (if you want to check whether it was filed inside or outside the SOL)
• Optional: whether you’re applying the default SOL without tolling exceptions

What changes the timeline (even with a default SOL)

Even when the default SOL is 3 years, the timeline can shift due to:

• Tolling / suspension events
• Procedural delays that may pause the running of time under Montana’s rules (if applicable)
• Jurisdictional or filing mechanics tied to when a criminal case is “commenced” for SOL purposes

Because your brief doesn’t list specific tolling rules, the calculator is most accurate when you stick to the default and then incorporate any known tolling facts manually (or use the calculator output as a baseline and then validate with case context).

Key exceptions

No claim-type-specific sub-rule for “Class B / 2nd degree felony” was found in the provided jurisdiction data, so the main exception handling on this page is about tolling and other SOL-affecting circumstances—not about different baseline SOL lengths for different felony grades.

Here’s how to think about exceptions without assuming a particular result:

• Tolling can extend the deadline. If a recognized tolling event occurred under Montana law, the effective SOL expiration date moves forward.
• Multiple timeline events can matter. For example, if there are separate alleged acts with different dates, the SOL may be evaluated separately per act depending on charging structure.
• Late discovery doesn’t automatically replace the SOL period. Some SOL regimes include discovery-based rules, but the provided Montana data here points to a fixed 3-year default under the cited statute. You should not assume a discovery rule applies for criminal SOL timing without confirming that specific rule.

Practical checklist for exception review

Use this checklist to decide whether you should treat the 3-year output as a “close enough” baseline or as something that must be corrected:

If any of these are “yes,” rely on the DocketMath output as a starting point, then validate the impact of that event on the SOL calculation.

Statute citation

• Montana Code Annotated § 27-2-102(3) — provides the general/default SOL period of 3 years reflected in the jurisdiction data for this topic.

For quick reference in DocketMath calculations, think of § 27-2-102(3) as the baseline timer when no special exception or tolling applies.

Use the calculator

DocketMath’s statute-of-limitations tool helps you compute the practical expiration date from the statute’s baseline period: /tools/statute-of-limitations.

Inputs to enter

1. Offense date

   • Use the date of the alleged offense you want to anchor the 3-year period to.
2. Which SOL rule to apply

   • Select/choose the default 3-year rule tied to Montana Code Annotated § 27-2-102(3).
3. (Optional) Charging date (or “filed/commenced” date)

   • If you include it, the calculator can tell you whether the charging date falls before or after the SOL expiration date.

How the output changes

• If you use an earlier offense date: the expiration date will be earlier.
• If you use a later offense date: the expiration date will be later.
• If a tolling event is known: the calculator output based on the plain 3-year rule may not match the effective deadline. In that situation, treat the tool’s result as a baseline and adjust based on the tolling facts (or re-run with corrected/adjusted effective dates, if your workflow supports that).

Quick example (baseline-only)

• Offense date: 2023-06-15
• Default SOL: 3 years under § 27-2-102(3)
• Baseline SOL expiration date (no tolling): 2026-06-15

Add a charging date, and you can quickly see timing alignment:

• Charging date before 2026-06-15 → within baseline SOL
• Charging date after 2026-06-15 → outside baseline SOL

Again, if tolling applies, the “effective” expiration date may extend beyond this baseline.

Sources and references

Start with the primary authority for Montana and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Mont. Code Ann. § 27-2-201

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison