Montana Statewide Rule

Montana Authorizes Local Juvenile Curfews Under State Statute

Some RestrictionsApplies statewide across Montana (2026)

Montana statute MCA 45-8-103 establishes a default curfew framework prohibiting persons under 18 from being in public places between 11 PM and 5 AM. Cities may enact stricter ordinances using this enabling authority.

Key Facts

Statute: MCA 45-8-103
Default hours: 11 PM to 5 AM
Age threshold: Under 18
Local override: Stricter only

Source: Montana Legislature

Full Breakdown

Section 45-8-103 of the Montana Code Annotated makes it a misdemeanor for a person under 18 to loiter or remain in a public place between 11:00 PM and 5:00 AM unless accompanied by a parent or guardian or engaged in lawful employment, emergency, or sanctioned activity. The statute applies statewide as a baseline. Local governments may enact more restrictive curfew ordinances under their police powers granted by Title 7, but cannot loosen the state minimum. Parents may also be cited for permitting violations.

Violations & Penalties

Juvenile curfew violations are misdemeanors, generally resolved through youth court diversion. Parents permitting violations may face fines up to $100 under MCA 45-8-103.

Frequently Asked Questions

What is Montana's statewide juvenile curfew?

MCA 45-8-103 prohibits anyone under 18 from being in public places between 11 PM and 5 AM without a parent, employment, or other lawful purpose.

Can my city set a different curfew time?

Cities may adopt stricter local curfews (earlier hours or lower ages) but cannot loosen Montana's statewide minimum protection set in MCA 45-8-103.

Sources

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