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. § 45-5-208

(2021)

Negligent endangerment – penalty

(1) A person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of negligent endangerment.

(2) A person convicted of the offense of negligent endangerment shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 1 year, or both.

Opinions construing this section

11 opinions
2024 MT 211 Sep 17, 2024 Affirmed
State v. A. Powers
Majority by James Jeremiah Shea · 5 to 0
ice James Jeremiah Shea delivered the Opinion of the Court. ¶1 Defendant Ariel Jonae Powers appeals her conviction of Negligent Endangerment in violation of § 45-5-208, MCA; her sentence to the Park County Detention Center for one year, all suspended; and the imposed fines and fees totaling $175. We address: Whether the District C
2022 MT 86N May 3, 2022 Affirmed
State v. M. Bonacorsi
Majority by Mike McGrath · 5 to 0
ligent endangerment and one count of misdemeanor disorderly conduct. The plea agreement deferred to the discretion of the District Court on sentencing. Under § 45-5-208, MCA, the negligent endangerment charge carried a maximum one year of imprisonment and maximum $1000 fine. Under § 45-8-101, MCA, the disorderly conduct charge car
2019 MT 60 Mar 19, 2019 Affirmed
State v. C. Jensen
Majority by Beth Baker · 5 to 0
commits negligent endangerment when 5 he “negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another.” Section 45-5-208(1), MCA. Negligent endangerment is a lesser included offense of criminal endangerment because the only difference between the two offenses is the mental state with whi
2019 MT 56 Mar 6, 2019 Reversed
City of Helena v. Parsons
Majority by Dirk M. Sandefur · 4 to 3
negligent endangerment if the person “negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another. . . .” Section 45-5-208(1), MCA. As pertinent here, a person acts “negligently” if the “person consciously disregards a risk” that the person’s conduct will create a substantial ris
2017 MT 192 Aug 8, 2017 Affirmed
State v. A. Sanchez, Jr
Majority by Mike McGrath · 5 to 0 with 2 concurring
A). The jury convicted Sanchez of all the charged offenses but one. On that charge the jury convicted him of a lesser included offense, negligent endangerment, § 45-5-208, MCA. The District Court sentenced Sanchez to life imprisonment without the possibility of parole. 3 STANDARD OF REVIEW ¶7 A district court has broad discreti
Official Annotations archive.org, 2021 edition
History:
En. Sec. 3, Ch. 196, L. 1987
Source text on leg.mt.gov