Montana § 53-24-107 - Public Intoxication Not Criminal Offense
Full text of Montana Montana Code Annotated § 53-24-107 — Public Intoxication Not Criminal Offense, with citation guidance and answers to common questions.
§ 53-24-107. Public Intoxication Not Criminal Offense
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.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 53-24-107
What does Montana Code Annotated § 53-24-107 cover?
Section 53-24-107 ("Public Intoxication Not Criminal Offense") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 53-24-107?
A common citation format is "Montana Code Annotated § 53-24-107" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 53-24-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.