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 13 45-5-212 66 45-5-213 3 45-5-214 38 45-5-220 1 45-5-221 45-5-222 5 45-5-223 1 45-5-231 45-5-232 45-5-233 45-5-234

45-5-215

(2001)

Opinions construing this section

13 opinions
2026 MT 113 May 26, 2026 Affirmed
State v. S. Belcourt
Majority by Laurie McKinnon · 5 to 0
f the victim’s Internet history to show he did not have the requisite mental state to commit the offense of strangulation of a partner or family member under § 45-5-215(1), MCA. More specifically, Belcourt argues that he strangled the victim to sexually arouse her rather than to impede her air or blood flow as the statute requires. Pr
2025 MT 62 Apr 1, 2025 Reversed
State v. K. Denny
Majority by Katherine M Bidegaray · 5 to 2
D ¶2 In August 2021, the State charged Denny by Information with: Count I, Partner Family Member Strangulation (PFM Strangulation), a felony in violation of § 45-5-215(1)(a), MCA; Count II, PFM Assault (PFMA), a misdemeanor in violation of § 45-5-206(1)(a), MCA; and Count III, Destruction/Tampering with a Communication Device, a misdem
2024 MT 316N Dec 23, 2024 Affirmed in part, reversed in part
State v. Z. Smith
Majority by Mike McGrath · 5 to 0
ngs consistent with this Opinion. ¶3 On September 10, 2020, the State charged Smith in Case 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 case
2024 MT 263N Nov 6, 2024 Reversed
State v. N. Wells
Majority by Laurie McKinnon · 5 to 0
usness when Wells choked her. ¶4 On April 6, 2022, Wells was charged by Information with felony strangulation of a partner or family member, in violation of § 45-5-215(1)(a), MCA, and felony partner or family member assault (PFMA), third offense, in violation of § 45-5-206(1)(a), MCA. Wells entered into a plea agreement in which he agr
2024 MT 52N Mar 12, 2024 Affirmed
State v. T. Lucero
Majority by Dirk M. Sandefur · 5 to 0
2) aggravated sexual intercourse without consent (three counts) in violation of § 45-5-508, MCA; (3) partner/family member (PFM) strangulation in violation of § 45-5-215(1)(a), MCA; and assault with a weapon (two counts) in violation of § 45-5-213(1)(a), MCA. The State alleged that, after a night of heavy drinking, Lucero committed the a
Official Annotations archive.org, 2001 edition
Source text on leg.mt.gov