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. § 45-5-213

(2021)

Assault with weapon

(1) A person commits the offense of assault with a weapon if the person purposely 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 or what reasonably appears to be a weapon.

(2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.

(b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).

Opinions construing this section

66 opinions
2026 MT 196N Aug 18, 2026 Affirmed
State v. B. Ackerman
Majority by Laurie McKinnon · 5 to 0
evidence in the light most favorable to the prosecution establishes that Ackerman used a pistol to cause B.M. to reasonably fear he might be seriously injured. Section 45-5-213(1)(b), MCA. ¶8 C.Z. also testified that Ackerman dry fired his pistol at him. While the District Court found his testimony less credible, all three men testified that
2025 MT 244N Oct 21, 2025 Affirmed in part, reversed in part
State v. C. Spangler
Majority by James Jeremiah Shea · 5 to 0
the judgement issued by the First Judicial District Court on June 12, 2023, following his conviction of Assault with a Weapon in violation of §§ 45-4-103 and 45-5-213(1)(a), MCA, and Unlawful Restraint in violation of § 45-5-301, MCA. Spangler asserts that the State presented insufficient evidence to convict him of the offense of Unla
2025 MT 142 Jul 8, 2025 Reversed
State v. D. Schultz
Concurring by Cory J. Swanson · 4 to 2 with 1 concurring
he facts are not as believed, while a sentencing enhancement requires the proven existence of applicable facts. The offense of Assault with Weapon, pursuant to § 45-5-213(1)(b), MCA, may be completed “by use of a weapon or what reasonably appears to be a weapon,” which is similar language to that found in subsections (1)(c), (1)(h), or
2025 MT 144 Jul 8, 2025 Affirmed
State v. R. Donahue
Majority by Cory J. Swanson · 5 to 0
ltercation. The bar owner and some bystanders disarmed Donahue and called the police. ¶5 The State charged Donahue with Assault with Weapon, in violation of § 45-5-213(1)(b), MCA, and Carrying Concealed Weapon While Under Influence, in violation of § 45-8-327, MCA. Donahue asserted he would be relying on the affirmative defense of just
2025 MT 105 May 20, 2025 Reversed
State v. R. Brady
Majority by Katherine M Bidegaray · 4 to 2
uspended sentence? We reverse and remand. PROCEDURAL AND FACTUAL BACKGROUND ¶2 In July 2022, the State charged Brady with felony Assault with a Weapon under § 45-5-213, MCA. The charge arose from an incident, in late June 2022, involving Brady, his wife Carmen Brady, his stepdaughter Alyssa Pecnick, and Alyssa’s husband Ryan Pec
Official Annotations archive.org, 2021 edition
History:
En. Sec. 7, Ch. 432, L. 1999 (HB 203 - Shockley, Jim (R) HD 61)
Source text on leg.mt.gov