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
2021 MT 29N Feb 9, 2021 Affirmed
State v. K. Strecker
Majority by Laurie McKinnon · 5 to 0
and other minor abrasions. ¶4 On January 3, 2018, the State charged Strecker with Assault on a Peace Officer or Judicial Officer, a felony, in violation of § 45-5-210, MCA (2015). On June 8, 2018, after acknowledging he thoroughly reviewed the charge against him, Strecker pled nolo contendere pursuant to an agreement, which Strec
2020 MT 154 Jun 16, 2020 Reversed
State v. N. Stillsmoking
Majority by Ingrid Gustafson · 5 to 0
by the Eighth Judicial District Court, Cascade County, on December 21, 2017, following his conviction of Assault on a Peace Officer, a felony, in violation of § 45-5-210(1)(b), MCA. ¶2 Stillsmoking raises three issues on appeal, which we restate as follows: 1. Whether there was sufficient evidence to convict Stillsmoking of assault on a
2017 MT 289 Nov 28, 2017 Affirmed
State v. Rose
Majority by Laurie McKinnon · 5 to 0
nsecutively, Rose faced a maximum sentence of life or 100-years for aggravated kidnapping, § 45-5-303(2), MCA (2001); 10-years for assault on a peace officer, § 45-5-210(2)(a), MCA (2001); and 20-years for assault with a weapon, § 45-5-213(2)(a), MCA (2001). With a PFO designation, the maximum sentence on either the second or third count
2017 MT 192 Aug 8, 2017 Affirmed
State v. A. Sanchez, Jr
Majority by Mike McGrath · 5 to 0 with 2 concurring
e State charged Sanchez with felony offenses of deliberate homicide (§ 45-5-102, MCA); assault with a weapon (§ 45-5-213, MCA); assault on a police officer (§ 45-5-210, MCA); and two counts of criminal endangerment (§ 45-5-207, MCA). The jury convicted Sanchez of all the charged offenses but one. On that charge the jury convicted
2016 MT 237 Sep 20, 2016 Affirmed in part, reversed in part
State v. B. Hooper
Majority by Laurie McKinnon · 5 to 0
¶ 15, 325 Mont. 340, 106 P.3d 530, that assault with a weapon (§ 45-5-213(1)(a), MCA) was not a “lesser included offense” of assault of a peace officer (§ 45-5-210(1)(a), MCA) because assault with a weapon required the additional finding that the assault occurred with a weapon. We determined in State v. McQuiston, 277 Mont. 397, 406
Official Annotations archive.org, 2011 edition
History:
En. Sec. 1, Ch. 433, L. 1997
Source text on leg.mt.gov