Statute of Limitations for Class D / 4th Degree Felony in Montana

6 min read

Published March 22, 2026 • By DocketMath Team

This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

Overview

In Montana, the statute of limitations (SOL) sets a deadline for the state to file criminal charges for most offenses. If that deadline passes, the prosecution can be barred from bringing the case. For a Class D / 4th degree felony scenario, you generally start with Montana’s default limitation period unless a specific exception applies.

Based on the jurisdiction data provided here, no claim-type-specific sub-rule was found for this particular charge category. That means the analysis below uses the general/default period as the applicable SOL.

For quick checking and scenario testing, DocketMath’s statute-of-limitations calculator can help you model the timeline using key dates (like the date of the alleged offense and the filing date).

Note: This page explains the SOL framework for Montana and how to use DocketMath to compute deadlines. It does not provide legal advice or a case-specific determination.

Limitation period

The default SOL for Montana felonies in this context

Montana’s general statute identifies a 3-year limitation period for many felony prosecutions. Using the general/default rule, the baseline SOL is:

3 years from the applicable triggering date (commonly the date of the offense conduct, subject to exceptions discussed below)

Given the “no claim-type-specific sub-rule was found” instruction, the Class D / 4th degree felony time limit is treated as the general rule rather than a specially carved-out category.

What “3 years” means in practice

When you compute the SOL, the calculator needs to know what date starts the clock. Common workflow:

Identify the alleged offense date (or the date the conduct occurred)
Consider the date the complaint/information was filed (or the relevant charging date)
Compare elapsed time to the SOL window

In most standard timelines, if the state files after the SOL window expires (and no exception tolls or otherwise changes the deadline), the case may be time-barred.

How the DocketMath calculator changes the output

DocketMath’s goal in this context is to show you:

The SOL deadline date (computed from the start date + 3 years)
Whether the filing date falls before or after that deadline

If you adjust input dates, the result moves accordingly:

Input change	Likely calculator effect
Offense date moves later	SOL deadline moves later
Offense date moves earlier	SOL deadline moves earlier
Filing date moves later	“Within SOL?” flips toward No
Filing date moves earlier	“Within SOL?” flips toward Yes

Quick checklist for timeline building

Use these steps to gather what the calculator needs:

Key exceptions

Even with a 3-year default, Montana SOL computations often hinge on exceptions and tolling rules. This section flags the practical categories of exceptions you should look for when modeling a timeline—because the calculator output can change if you apply a different start date, tolling period, or altered triggering event.

Because this brief is restricted to the general/default period data provided (and no claim-type-specific sub-rule was found for Class D / 4th degree felonies here), treat exceptions as decision points rather than assumptions.

1) Tolling or suspension that affects the clock

Exceptions may pause the SOL clock. Tolling can occur in circumstances recognized by statute or case law (for example, where the prosecution is legally prevented from moving forward, or where notice/availability requirements matter).

Impact on timeline: the SOL deadline can move later because not all time counts against the prosecution.

2) Different triggering dates for the SOL start

The SOL “start date” is not always a simple calendar date. Certain events can determine the effective start of the limitation period (for example, when conduct is continuing, discovered, or otherwise legally relevant).

Impact on timeline: the clock may start later than the first day of conduct, or be tied to a different legal marker.

3) Multiple acts or ongoing conduct

If the alleged conduct involves a series of actions (rather than one discrete event), the “clock start” and “what counts” can be more complex.

Impact on timeline: you may need to evaluate whether charges relate to the earliest act, the latest act, or specific conduct tied to the charge.

Warning: SOL exceptions can significantly shift results. Don’t treat a straightforward 3-year calculation as definitive if there’s evidence of tolling, a different triggering event, or continuing conduct.

Statute citation

Montana’s general/default SOL period referenced in this content is:

Montana Code Annotated § 27-2-102(3) — 3-year limitation period (general rule)

This page is intentionally structured around that general default period because no claim-type-specific sub-rule was found for the Class D / 4th degree felony category in the information provided.

For a complementary overview of Montana SOL rules in non-criminal contexts, Nolo summarizes Montana limitation periods and relevant statutes here:
https://www.nolo.com/legal-encyclopedia/montana-personal-injury-laws-and-statutes-of-limitations.html?utm_source=openai

(Use Nolo as context only; this page’s core computation basis is the Montana Code citation above.)

Use the calculator

DocketMath’s statute-of-limitations calculator is designed for timeline modeling. Use it to compute the SOL deadline from your start date and then compare it to the filing date:
Statute of Limitations calculator

Inputs to prepare

Before you click through, gather:

Offense (start) date: the date you believe starts the SOL clock under the general rule
Filing/charging date: the date you want to test against the deadline
Jurisdiction: set to **Montana (US-MT)
Default SOL: use 3 years for the general/default limitation period

What to expect as outputs

When you run the calculation, you should look for outputs like:

Computed SOL deadline (start date + 3 years)
Within SOL? (Yes/No based on the filing date)
Elapsed time (useful for quick sanity checks)

Interpreting results (practically)

If the filing date is before the computed deadline: the filing is within the general 3-year window (subject to exceptions).
If the filing date is after the computed deadline: the filing is outside the general 3-year window unless a tolling/exception applies.

When to re-run with changed assumptions

If you identify a potential exception category (tolling, different triggering date, continuing conduct), re-run the calculator using the adjusted start date or tolling-adjusted timeline. The key is consistency: the calculator output should match the legal assumptions you’re testing.