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. § 45-5-212

(2023)

Assault on minor

(1) A person commits the offense of assault on a minor if the person commits an offense under 45-5-201, and at the time of the offense, the victim is under 14 years of age and the offender is 18 years of age or older.

(2) (a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of assault on a minor shall be imprisoned in a state prison for a term not to exceed 5 years or be fined not more than $50,000, or both.

(b) If at the time of the offense the victim is under 36 months of age, a person convicted of assault on a minor:

(i) for a first offense under this subsection (2)(b) shall be imprisoned in a state prison for a term not to exceed 10 years or be fined not more than $50,000, or both; or

(ii) for a second or subsequent offense under this subsection (2)(b) shall be imprisoned in a state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.

(c) If at the time of the offense the victim is under 36 months of age, a person convicted of assault on a minor that resulted in serious bodily injury to the victim:

(i) for a first offense under this subsection (2)(c) shall be imprisoned in a state prison for a term not to exceed 20 years or be fined not more than $50,000, or both; or

(ii) for a second or subsequent offense under this subsection (2)(c) shall be imprisoned in a state prison for a term not to exceed 40 years or be fined not more than $50,000, or both.

(3) An offender convicted of an offense under subsection (2)(b) or (2)(c) shall pay for and complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency and complete all recommendations for counseling, referrals, attendance at psychoeducational groups, or treatment, including any indicated chemical dependency treatment, made by the counseling provider. The counseling provider must be approved by the court and be a person licensed under Title 37, chapter 17, 22, or 23, or a professional person as defined in 53-21-102. The offender shall complete a minimum of 40 hours of counseling.

Opinions construing this section

13 opinions
2013 MT 164N Jun 18, 2013 Affirmed
State v. William Shegrud
Majority by Jim Rice · 5 to 0
be served concurrently with his deferred sentence for the dangerous drug offense. In 2007, Shegrud pled guilty to assault on a minor, a felony, in violation of § 45-5-212(1), MCA, and partner or family member assault, a misdemeanor, in violation of § 45-5-206(1), MCA. He received a five-year suspended commitment to the Department of Co
2013 MT 50 Feb 27, 2013 Affirmed
State v. Hicks
Majority by Mike McGrath · 5 to 0
orporates the elements of misdemeanor assault but also requires that the offender be 18 years of age or older and that the victim be younger than 14 years old. Section 45-5-212, MCA. Because misdemeanor assault and assault on a minor proscribe the same conduct and require the same mental state, and because misdemeanor assault cannot suppor
2011 MT 85N Apr 20, 2011 Affirmed in part, reversed in part
State v. Nickerson
Majority by Patricia Cotter · 5 to 0
sistance of counsel claims. ¶10 It is undisputed and the State concedes that it failed to establish an essential element of the crime of assault on a minor. Section 45-5-212(1), MCA, requires that a person committing assault on a minor must be over 18 years of age at the time of the assault and the victim must be under 14 years of age. Acc
2010 MT 186 Aug 24, 2010 Reversed
State v. Knowles
Majority by Patricia Cotter · 3 to 1 with 1 concurring
nking B.K. with a belt prior to leaving on his business trip. 3 ¶7 Knowles and Cindy were subsequently charged with assault on a minor, in violation of § 45-5-212, MCA. Their trials were separated. Prior to trial, the State filed written notice of its intent to introduce against Knowles evidence of prior bad acts pursuant to
2010 MT 37 Feb 19, 2010 Affirmed
State v. Weatherell
Majority by W. William Leaphart · 5 to 0
jeopardy statute, State v. Sor-Lokken, 247 Mont. 343, 352, 805 P.2d 1367, 1373 (1991), prohibited the State from prosecuting him for assault on a minor under § 45-5-212, MCA, subsequent to his Alford plea to PFMA under § 45-5-206, MCA. We find this argument unpersuasive. ¶12 Section 46-11-410(1) to (2), MCA, provides that when a
Official Annotations archive.org, 2023 edition
History:
En. Sec. 5, Ch. 432, L. 1999 (HB 203 - Shockley, Jim (R) HD 61)
Amd. Sec. 1, Ch. 378, L. 2013 (SB 198 - Thomas, Fred (R) SD 45)
Source text on leg.mt.gov