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

(2021)

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
2020 MT 154 Jun 16, 2020 Reversed
State v. N. Stillsmoking
Majority by Ingrid Gustafson · 5 to 0
sely or knowingly causes: (a) bodily injury to another with a weapon; or (b) reasonable apprehension of serious bodily injury in another by use of a weapon.” Section 45-5-202(2), MCA (1997). “Weapon” was 5 statutorily defined as an “instrument, article, or substance that, regardless of its primary function, is readily capable of b
2020 MT 148 Jun 2, 2020 Affirmed
State v. Z. Newbary
Majority by Beth Baker · 4 to 2 with 1 concurring
facto law. We affirm. PROCEDURAL AND FACTUAL BACKGROUND ¶2 On October 14, 2014, the State charged Newbary with Aggravated Assault, a felony, in violation of § 45-5-202, MCA, and Sexual Intercourse Without Consent, a felony, in violation of § 45-5-503, MCA. The latter offense carries a possible maximum sentence of life imprisonmen
2020 MT 143N Jun 2, 2020 Affirmed
Matter of T.N.B., A.M.B., and S.M.B YINC
Majority by Dirk M. Sandefur · 5 to 0
ren. On August 24, 2018, while she was apparently in Oregon, the State of Montana charged Mother with the aggravated assault of A.M.B, a felony in violation of § 45-5-202, MCA. Subject to a pending arrest warrant in the criminal case, and apparently still in Oregon, Mother failed to personally appear or otherwise participate at the D
2019 MT 105 May 7, 2019 Reversed
State v. B. Norvell
Majority · 0 to 0
Clerk Justice Jim Rice delivered the Opinion ofthe Court. ¶1 Brian Thomas Norvell (Norvell) appeals his conviction of aggravated assault, in violation of§ 45-5-202, MCA,upon his no contest plea, in the Nineteenth Judicial District Court, Lincoln County. We reverse and remand for dismissal without prejudice. ¶2 We consider th
2018 MT 186 Jul 31, 2018 Affirmed
State v. M. Ilk
Majority by Jim Rice · 5 to 0
a), MCA (an element of Attempted Deliberate Homicide is that the person “does any act toward” causing the death of another human being, which is a result); § 45-5-202(1), MCA (an element of Aggravated Assault is that a person “causes serious bodily injury to another,” which is a result); see also State v. Rosling, 2008 MT 62, ¶
Official Annotations archive.org, 2021 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