Table of Contents TITLE 45. CRIMES CHAPTER 5. OFFENSES AGAINST THE PERSON Part 2. Assault and Related Offenses
Edition 2019 Other editions
Current Version 2025 2023 2021 2019 2015 2013 2011 2009 2007 2005 2003 2001 1999 1997 1995 1978 Scanned 1979 Scanned 1981 Scanned 1983 Scanned 1985 Scanned 1986 Scanned 1987 Scanned 1989 Scanned
1995 forward is searchable text. Earlier volumes are page scans.
Prev Next
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. § 45-5-205

(2019)

Negligent vehicular assault – penalty

(1) A person who negligently operates a vehicle, other than a bicycle as defined in 61-8-102, while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-401(1), and who causes bodily injury to another commits the offense of negligent vehicular assault.

(2) Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or incarcerated in a county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241.

(3) A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or incarcerated for a term not to exceed 10 years, or both, and shall be ordered to pay restitution as provided in 46-18-241.

(4) If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.

Opinions construing this section

9 opinions
2025 MT 124 Jun 17, 2025 Affirmed
State v. C. Lapointe
Concurring by Cory J. Swanson · 5 to 0 with 1 concurring
person is operating a vehicle in violation of [the DUI statutes],” including § 61-8-401, MCA. Section 45-5-106(1), MCA (2019). Negligent Vehicular Assault, § 45-5-205(1), MCA (2019), is committed when a person “negligently operates a vehicle . . . while under the influence” and “who causes bodily injury to another.” Criminal
2023 MT 131 Jul 11, 2023 Reversed
State v. R. Zitnik
Majority by Laurie McKinnon · 5 to 0
er Zitnik (Zitnik) appeals his convictions and sentence entered in the First Judicial District Court, Lewis and Clark County, for negligent vehicular assault, § 45-5-205, MCA; resisting arrest, § 45-7-301, MCA; and disorderly conduct, § 45-8-101(1)(a)(iii), MCA. Zitnik argues the District Court erred when it communicated with the
2021 MT 124 May 18, 2021 Reversed
State v. K. Butler
Majority by Ingrid Gustafson · 5 to 0
ppeals the Eighteenth Judicial District Court, Gallatin County, denial of his motion to dismiss the count of negligent vehicular assault, a misdemeanor, under § 45-5-205, MCA, for insufficient evidence after the State closed its case-in-chief. Butler raises the following issues on appeal: 1. Whether the District Court properly admit
2018 MT 164 Jul 5, 2018 Petition for writ of supervisory control - other with opinion
Tipton v. 13th Judicial District
Majority by Beth Baker · 7 to 0
arm) inflicted on Tipton. 13 ¶28 The State argues that the statute Tipton challenges departs in meaningful ways from the statute struck down in Stogner. Section 45-5-205(9), MCA, revives an expired statute of limitations in only a very narrow class of cases: sex crimes in which DNA evidence positively identifies a suspect for the first
2017 MT 239N Sep 26, 2017 Affirmed
Whalen v. State
Majority by Dirk M. Sandefur · 4 to 0
bodily injury to the girl struck in the crosswalk. ¶4 On August 13, 2010, Whalen pled guilty in district court to one count of negligent vehicular assault (§ 45-5-205, MCA) and one count of criminal endangerment (§ 45-5-207, MCA). Pursuant to the plea agreement, the State dismissed an alternative count of felony criminal endange
Official Annotations archive.org, 2019 edition
History:
En. Sec. 1, Ch. 93, L. 1985
Amd. Sec. 1, Ch. 196, L. 1987
Amd. Sec. 14, Ch. 789, L. 1991
Amd. Sec. 1, Ch. 317, L. 1997
Amd. Sec. 1, Ch. 17, L. 2001 (HB 117 - Andersen, Joan (R) HD 23)
Amd. Sec. 1, Ch. 563, L. 2001 (HB 295 - Jent, Larry (D) HD 29)
Amd. Sec. 40, Ch. 542, L. 2005 (SB 285 - Story, Bob (R) SD 30)
Source text on leg.mt.gov