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. § 45-5-204

(1997)

Mistreating prisoners

(1) A person commits the offense of mistreating prisoners if, being responsible for the care or custody of a prisoner, he purposely or knowingly:

(a) assaults or otherwise injures a prisoner;

(b) intimidates, threatens, endangers, or withholds reasonable necessities from the prisoner with the purpose to obtain a confession from him or for any other purpose; or

(c) violates any civil right of a prisoner.

(2) A person convicted of the offense of mistreating prisoners shall be removed from office or employment and shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

Opinions construing this section

3 opinions
2023 MT 150 Aug 8, 2023 Affirmed
Lawrence v. Pasha
Majority by Laurie McKinnon · 5 to 0
cedures; (2) constituted a criminal assault in violation of §§ 45-5-502 and 45-5-503, MCA; (3) constituted criminal mistreatment of prisoners in violation of § 45-5-204, MCA; (4) violated his Eighth Amendment right to be free from cruel and unusual punishment, and (5) violated 42 U.S.C. § 1983. Lawrence also generally alleged a ?
2014 MT 314 Nov 25, 2014 Reversed
Livingston v. Mpea
Concurring by Laurie McKinnon · 7 to 0 with 1 concurring
less, neither the District Court nor the City point to any specific law or precedent which bars the continued employment of an officer in Tubaugh’s position. Section 45-5-204, MCA, states that a person convicted of the offense of mistreating prisoners must be removed from employment, but Tubaugh has not been convicted of that offense. No
2013 MT 281 Sep 26, 2013 Reversed
State v. Madsen
Majority by Mike McGrath · 5 to 2
n to Dismiss,” filed January 11, 2013. We reverse. ¶2 The issue on appeal is whether the District Court erred in dismissing a charge against Madsen under § 45-5-204, MCA. PROCEDURAL AND FACTUAL BACKGROUND ¶3 In 2011 Thomas Madsen was a Gallatin County Sheriff’s Deputy. On February 9, 2011, K.J. was a female juvenile whose
Official Annotations archive.org, 1997 edition
History:
En. 94-8-113 by Sec. 1, Ch. 513, L. 1973
R.C.M. 1947, 94-8-113
Amd. Sec. 7, Ch. 198, L. 1981
Source text on leg.mt.gov