Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault and Related Offenses

Edition 2003 Other editions

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26 45-5-201 — Assault 54 45-5-202 — Aggravated assault 18 45-5-203 — Intimidation 3 45-5-204 — Mistreating prisoners 9 45-5-205 — Negligent vehicular assau... 84 45-5-206 — Partner or family member... 75 45-5-207 — Criminal endangerment --... 11 45-5-208 — Negligent endangerment --... 33 45-5-210 — Assault on peace officer... 45-5-211 — Assault upon sports offic... 13 45-5-212 — Assault on minor 66 45-5-213 — Assault with weapon 3 45-5-214 — Assault with bodily fluid 38 45-5-220 — Stalking -- exemption --... 1 45-5-221 — Malicious intimidation or... 45-5-222 — Sentence enhancement -- o... 5 45-5-223 — Surreptitious visual obse... 1 45-5-231 — Definitions 45-5-232 — Offender intervention cou... 45-5-233 — Report to court or probat... 45-5-234 — Offender intervention cou...

Mont. Code Ann. § 45-5-204

(2003)

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, 2003 edition

History:

EnactedEn. by SectionSec. 1, ChapterCh. 513, Laws ofL. 1973

Revised Codes of MontanaR.C.M. 1947,

AmendedAmd. SectionSec. 7, ChapterCh. 198, Laws ofL. 1981

Source text on leg.mt.gov