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 13 45-5-215 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. § 45-5-202

(2019)

Aggravated assault

(1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.

(2) A person convicted of aggravated assault shall be imprisoned in the state prison for a term not to exceed 20 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

Opinions construing this section

54 opinions
2008 MT 417 Dec 15, 2008 Affirmed in part, reversed in part
State v. Rusty Russell
Concurring by James C. Nelson · 4 to 2 with 1 concurring
homicide. ¶59 Had this case been properly charged—deliberate homicide under § 45-5-102(1)(a), MCA, for the death of Gewanski and aggravated assault under § 45-5-202(1), MCA, for the serious bodily injury inflicted on Wallin—then the State would have two convictions for two separate acts. As it is, however, under the Court’s re
2008 MT 381 Nov 18, 2008 Affirmed
State v. Allen J. Potter
Majority by John Warner · 5 to 0
o another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.” Section 45-5-202(1), MCA. Section 45-2101(66)(a), MCA, provides: (a)“Serious bodily injury” means bodily injury that: (i) creates a substantial risk of death; (ii) causes serious p
2008 MT 297 Aug 20, 2008 Affirmed
State v. Jason Mackrill
Majority by James C. Nelson · 5 to 0
deotaped interview with Mackrill. 4 ¶9 On November 17, 2005, the State charged Mackrill with one count of aggravated assault, a felony, in violation of § 45-5-202, MCA. Mackrill pleaded not guilty to the charge. Thereafter, he filed a Notice of Affirmative Defenses, in which he stated that he would be arguing consent at trial
2008 MT 277 Aug 5, 2008 Affirmed
State v. Meckler
Majority by Jim Rice · 5 to 0
the offense of aggravated assault requires proof beyond a reasonable doubt that the defendant purposely or knowingly caused serious bodily injury to another. Section 45-5-202(1), MCA (2005). Meckler concedes that he struck Penrod in the face and that she suffered serious bodily injury as a result. However, Meckler argues that because he “
2008 MT 227 Jun 24, 2008 Affirmed
State v. Jovon Johnson
Majority by Karla M. Gray · 5 to 0
SUE 3 ¶30 Did the District Court abuse its discretion in refusing Johnson’s lesser included offense jury instruction? ¶31 Pursuant to §§ 45-2-101(66) and 45-5-202(1), MCA, the District Court instructed the jury that a person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily inj
Official Annotations archive.org, 2019 edition
History:
En. 94-5-202 by Sec. 1, Ch. 513, L. 1973
Amd. Sec. 6, Ch. 584, L. 1977
R.C.M. 1947, 94-5-202
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 1, Ch. 289, L. 1981
Amd. Sec. 1, Ch. 163, L. 1985
Amd. Sec. 4, Ch. 482, L. 1995
Amd. Sec. 1, Ch. 245, L. 1997
Amd. Sec. 2, Ch. 433, L. 1997
Amd. Sec. 6, Ch. 432, L. 1999 (HB 203 - Shockley, Jim (R) HD 61)
Amd. Sec. 1, Ch. 472, L. 2007 (SB 486 - Shockley, Jim (R) SD 45)
Source text on leg.mt.gov