Mont. Code Ann. § 27-1-711
Liability of minor or person of unsound mind for own torts -- exemplary damages
27-1-711 . Liability of minor or person of unsound mind for own torts -- exemplary damages. A minor or person of unsound mind is civilly liable for a wrong done by that person but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that it was wrongful.