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

(2011)

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
2022 MT 9 Jan 18, 2022 Unknown opinion
Fouts v. 8th Judicial District
Majority by Dirk M. Sandefur · 5 to 0 with 1 concurring
d food and encouraged her to eat. • 2021-01-20: The State accordingly charged Hanway by Information with Assault on a Peace Officer, a felony in violation of § 45-5-210(1)(a), MCA. • 2021-01-22: Defense counsel filed an unopposed motion pursuant to § 46-14-221(2)(a), MCA, for adjudication of Hanway as “unfit to proceed” based on
2021 MT 320 Dec 21, 2021 Affirmed
State v. T. Erickson
Majority by Jim Rice · 5 to 0
er Frederick Erickson (Erickson) appeals his conviction in the Twentieth Judicial District Court, Lake County, for Assault on a Peace Officer, a felony, under § 45-5-210, MCA. He appeals the District Court’s denial of his motion for mistrial, based on two alleged incidents of prosecutorial misconduct. ¶2 We affirm, and address t
2021 MT 244 Sep 28, 2021 Affirmed
State v. C. Valenzuela
Dissenting by Dirk M. Sandefur · 5 to 2
of “bodily injury” to “another” “with a weapon”—mental state omitted), was an “included offense” of assault on a peace officer, as defined by § 45-5-210(1)(a), MCA (causation of “bodily injury” to a “peace officer”— mental state omitted). Matt, ¶¶ 11-15. Because each of those offenses included an element of pr
2021 MT 181N Jul 20, 2021 Affirmed
State v. R. McCauley
Majority by Mike McGrath · 5 to 0
ental health professional but was taken directly to FCDC. ¶6 McCauley was charged with three counts of assault on a peace officer, a felony, in violation of § 45-5-210, MCA. On February 9, 2018, a justice of the peace issued an Order to Detain Prisoner on Probation/Parole Warrant stating that McCauley had been arrested 1 This fo
2021 MT 156 Jun 29, 2021 Affirmed in part, reversed in part
State v. S. Lodahl
Majority by Ingrid Gustafson · 4 to 3
er action consistent with this opinion. FACTUAL AND PROCEDURAL BACKGROUND ¶3 The State charged Lodahl with felony assault on a peace officer in violation of § 45-5-210, MCA, for Lodahl’s actions on January 30, 2017, of striking Miller, after Miller requested Lodahl sit down while waiting for an initial appearance in justice cour
Official Annotations archive.org, 2011 edition
History:
En. Sec. 1, Ch. 433, L. 1997
Source text on leg.mt.gov