Find Laws Find Lawyers Free Legal Forms USA State Laws

MONTANA STATUTES AND CODES

53-24-107. Public intoxication not criminal offense.


     53-24-107. Public intoxication not criminal offense. (1) A person who appears to be intoxicated in public does not commit a criminal offense solely by reason of being in an intoxicated condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated in public shall proceed in the manner provided in 53-24-303 and subsection (3) of this section.
     (2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated until the person is no longer creating a risk to self or others.
     (3) A peace officer, in detaining the person, shall make every reasonable effort to protect the person's health and safety. The peace officer may take reasonable steps for the officer's own protection. An entry or other record may not be made to indicate that the person detained under this section has been arrested or charged with a crime.
     (4) A peace officer, acting within the scope of the officer's authority under this chapter, is not personally liable for the officer's actions.

     History: En. 80-2724 by Sec. 3, Ch. 403, L. 1975; R.C.M. 1947, 80-2724; amd. Sec. 1, Ch. 442, L. 2005.

Montana Forms by Issue

Montana Adoption Forms
Montana Annulment Forms
Montana Appeals Forms
Montana Bankruptcy Forms
Montana Business Forms
Montana Child Support Agency Forms
Montana Children/Juvenile Forms
Montana Common Forms
Montana Court Forms
> DUI
> Probate
> Attorney Complaints
> Civil (County)
> Civil (District)
> Domestic Violence
> Enforcement of Judgement
> Jury
> Personal Protection
> Prison
> Small Claims
Montana Divorce Forms
Montana Emancipation Forms
Montana Employment Forms
Montana Estate Planning Forms
Montana Family Forms
Montana Guardianship Forms
Montana Landlord/Tenant Forms
Montana Liens Forms
Montana Marriage Forms
Montana Name Change Forms
Montana Parental Notification Forms
Montana Power of Attorney Forms
Montana Tax Forms
Montana Trusts Forms
Montana Wills/Estates Forms

Montana Law

Montana State Laws
    > Montana Child Support
    > Montana Gun Laws
    > Montana Statute
Montana Tax
    > Montana State Tax
Montana State
    > Montana Real Estate
Montana Labor Laws
    > Montana Unemployment

Montana Court Map

Tips