Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault
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26 45-5-201 54 45-5-202 18 45-5-203 3 45-5-204 9 45-5-205 84 45-5-206 75 45-5-207 11 45-5-208 45-5-211 38 45-5-220 1 45-5-221 45-5-222

Mont. Code Ann. § 45-5-205

(1995)

Negligent vehicular assault -- penalty

(1) If a person operates a motor vehicle in a negligent manner and he is driving while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-401(1), and his conduct is the cause of bodily injury to another, he commits the offense of negligent vehicular assault.

(2) A person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 1 year, or both.

Opinions construing this section

9 opinions
2025 MT 124 Jun 17, 2025 Affirmed
State v. C. Lapointe
Concurring by Cory J. Swanson · 5 to 0 with 1 concurring
person is operating a vehicle in violation of [the DUI statutes],” including § 61-8-401, MCA. Section 45-5-106(1), MCA (2019). Negligent Vehicular Assault, § 45-5-205(1), MCA (2019), is committed when a person “negligently operates a vehicle . . . while under the influence” and “who causes bodily injury to another.” Criminal
2023 MT 131 Jul 11, 2023 Reversed
State v. R. Zitnik
Majority by Laurie McKinnon · 5 to 0
er Zitnik (Zitnik) appeals his convictions and sentence entered in the First Judicial District Court, Lewis and Clark County, for negligent vehicular assault, § 45-5-205, MCA; resisting arrest, § 45-7-301, MCA; and disorderly conduct, § 45-8-101(1)(a)(iii), MCA. Zitnik argues the District Court erred when it communicated with the
2021 MT 124 May 18, 2021 Reversed
State v. K. Butler
Majority by Ingrid Gustafson · 5 to 0
ppeals the Eighteenth Judicial District Court, Gallatin County, denial of his motion to dismiss the count of negligent vehicular assault, a misdemeanor, under § 45-5-205, MCA, for insufficient evidence after the State closed its case-in-chief. Butler raises the following issues on appeal: 1. Whether the District Court properly admit
2018 MT 164 Jul 5, 2018 Petition for writ of supervisory control - other with opinion
Tipton v. 13th Judicial District
Majority by Beth Baker · 7 to 0
arm) inflicted on Tipton. 13 ¶28 The State argues that the statute Tipton challenges departs in meaningful ways from the statute struck down in Stogner. Section 45-5-205(9), MCA, revives an expired statute of limitations in only a very narrow class of cases: sex crimes in which DNA evidence positively identifies a suspect for the first
2017 MT 239N Sep 26, 2017 Affirmed
Whalen v. State
Majority by Dirk M. Sandefur · 4 to 0
bodily injury to the girl struck in the crosswalk. ¶4 On August 13, 2010, Whalen pled guilty in district court to one count of negligent vehicular assault (§ 45-5-205, MCA) and one count of criminal endangerment (§ 45-5-207, MCA). Pursuant to the plea agreement, the State dismissed an alternative count of felony criminal endange
Official Annotations archive.org, 1995 edition
History:
En. Sec. 1, Ch. 93, L. 1985
Amd. Sec. 1, Ch. 196, L. 1987
Amd. Sec. 14, Ch. 789, L. 1991
Source text on leg.mt.gov