Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault and Related Offenses
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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 33 45-5-210 45-5-211 38 45-5-220 1 45-5-221 45-5-222 5 45-5-223

Mont. Code Ann. § 45-5-201

(1997)

Assault

(1) A person commits the offense of assault if he:

(a) purposely or knowingly causes bodily injury to another;

(b) negligently causes bodily injury to another with a weapon;

(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; or

(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.

(2) Except as provided in subsection (3), a person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

(3) If the victim is less than 14 years old and the offender is 18 or more years old, the offender, upon conviction under subsection (1)(a), shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.

Opinions construing this section

26 opinions
2025 MT 236N Oct 14, 2025 Affirmed
Inman v. Spreadbury
Majority by Ingrid Gustafson · 5 to 0
the hearing, the Municipal Court granted Inman an order of protection for 10 years, determining the January 22, 2025 incident constituted assault as defined by § 45-5-201, MCA. The court also noted Spreadbury’s behavior was erratic and he had repeatedly engaged with Inman, both at Van’s and throughout the community, “without pr
2025 MT 223N Sep 30, 2025 Affirmed
State v. L. Richeson
Majority by Laurie McKinnon · 5 to 0
m his November 29, 2022 convictions for felony attempted kidnapping, in violation of §§ 45-4-103 and 45-5-302, MCA, and misdemeanor assault, in violation of § 45-5-201(1)(a), MCA, entered in the First Judicial District Court, Lewis and Clark County, following a jury trial. We affirm. ¶3 On August 9, 2020, Richeson walked to the Great
2025 MT 111 May 27, 2025 Affirmed
State v. T. Dellar
Majority by Laurie McKinnon · 5 to 0
r less than the elements required of intimidation. Assault requires that a person “purposely or knowingly causes reasonable apprehension of bodily injury Section 45-5-201(1)(d), MCA. in another,” among other possible acts. Dellar argues that because intimidation requires communicating a threat to inflict physical harm under circu
2025 MT 31 Feb 11, 2025 Affirmed
State v. B. Avidiya
Majority by James Jeremiah Shea · 5 to 0
202(1), MCA. A person commits Assault if he or she “purposely or knowingly makes physical contact of an insulting or provoking nature with any individual.” Section 45-5-201(1)(c), MCA. Avidiya argues that he presented sufficient evidence that he did not cause “reasonable apprehension of serious bodily injury,” meaning that he could only
2024 MT 316N Dec 23, 2024 Affirmed in part, reversed in part
State v. Z. Smith
Majority by Mike McGrath · 5 to 0
e 1 with Strangulation of Partner or Family Member in violation of § 45-5-215, MCA; Burglary in violation of § 45-6-204(1), MCA; and Assault in violation of § 45-5-201, MCA. Over the next several months, Smith was charged in five other cases—mostly assaults or threats of assault he committed on peace officers and others while in
Official Annotations archive.org, 1997 edition
History:
En. 94-5-201 by Sec. 1, Ch. 513, L. 1973
R.C.M. 1947, 94-5-201
Amd. Sec. 1, Ch. 261, L. 1979
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 1, Ch. 188, L. 1991
Source text on leg.mt.gov