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 7 45-5-209 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

Mont. Code Ann. § 45-5-210

(2005)

Assault on peace officer or judicial officer

(1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:

(a) bodily injury to a peace officer or judicial officer;

(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of a weapon;

(c) bodily injury to a peace officer or judicial officer with a weapon; or

(d) serious bodily injury to a peace officer or judicial officer.

(2) (a) A person convicted of assault on a peace officer or judicial officer under subsection (1)(a), (1)(b), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amount not to exceed $50,000.

(b) Except as provided in 46-18-222, a person convicted of assault on a peace officer or judicial officer under subsection (1)(d) shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 5 years or more than 20 years, or both.

(3) As used in this section, the following definitions apply:

(a) "Judicial officer" has the meaning provided in 1-1-202 and includes the workers' compensation judge, water court judges, and judges pro tempore.

(b) "Peace officer" has the meaning provided in 45-2-101 and includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.

(4) Criminal endangerment, negligent endangerment, and assault, as defined in 45-5-201, are not included as offenses of assault on a peace officer or judicial officer.

Opinions construing this section

33 opinions
2026 MT 31 Feb 24, 2026 Reversed
State v. D. Matt
Majority by Laurie McKinnon · 5 to 0 with 1 concurring
e Twentieth Judicial District Court, Lake County, sentencing him to 24 years in the Montana State Prison for felony Assault on a Peace Officer in violation of § 45-5-210, MCA. We affirm in part, and vacate and remand in part for resentencing. ¶2 We restate the dispositive issues on appeal as follows:1 Issue One: Whether the Distri
2025 MT 173N Aug 5, 2025 Reversed
State v. B. Kelsey
Majority by Cory J. Swanson · 5 to 0
order a new trial. We reverse and remand for a new trial before a new district judge. ¶3 The State charged Kelsey with Assault on a Peace Officer pursuant to § 45-5-210, MCA, after events that occurred on January 22, 2022. Counsel filed a notice that trial may involve a Justifiable Use of Force (JUOF) defense, which was again refle
2025 MT 138 Jul 1, 2025 Affirmed in part, reversed in part
State v. J. Warr
Majority by Katherine M Bidegaray · 5 to 0
ntly subdued with tasers. On August 10, 2020, the State charged Warr, by Information, in Ravalli County, with Assault on a Peace Officer, a felony, pursuant to § 45-5-210(1)(b), MCA, alleging Warr purposely or knowingly caused reasonable apprehension of serious bodily injury in Gregoire, a peace officer, by use of a Section 46-12-204, MCA
2024 MT 316N Dec 23, 2024 Affirmed in part, reversed in part
State v. Z. Smith
Majority by Mike McGrath · 5 to 0
e of the District Court record in this appeal. 2 MCA. On May 4, the State charged Smith in Case 2 with Assault on Peace or Judicial Officer in violation of § 45-5-210, MCA. On July 26, the State charged Smith in Case 4 with Assault with Weapon in violation of § 45-5-213, MCA. Finally, on September 27, the state Charged Smith in
2024 MT 282N Nov 26, 2024 Affirmed
Adams v. State of Montana
Majority by Mike McGrath · 5 to 0
rder denying his petition for postconviction relief. We affirm. ¶3 On September 6, 2006, Adams was charged with Assault on a Peace Officer, in violation of § 45-5-210(1)(b), MCA. On April 30, 2007, Adams pleaded guilty to Criminal Endangerment, in violation of § 45-5-207, MCA. On June 18, 2007, the District Court imposed a suspended s
Official Annotations archive.org, 2005 edition
History:
En. Sec. 1, Ch. 433, L. 1997
Source text on leg.mt.gov