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

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
2022 MT 211 Oct 25, 2022 Affirmed
State v. S. Ragner
Majority by Mike McGrath · 5 to 0
nstance, in State v. Weldy, 273 Mont. 68, 77-78, 902 P.2d 1, 6-7 (1995), we required a specific unanimity instruction with respect to a felony assault statute, § 45-5-202, MCA, that created separate offenses: one required a person to cause bodily injury with a weapon; the other required a person to cause reasonable apprehension of bo
2022 MT 70N Apr 5, 2022 Affirmed
State v. K. Walker
Majority by Laurie McKinnon · 5 to 0
the State prove a criminal defendant either caused “serious bodily injury” or created “reasonable apprehension of serious bodily injury” in the victim. Section 45-5-202, MCA. Evidence supporting a conviction is sufficient if “a rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt
2022 MT 36 Feb 22, 2022 Affirmed
State v. T. Lafournaise
Majority by Laurie McKinnon · 4 to 3
C under § 45-5-503(1), MCA.2 2 Montana provides for aggravating circumstances under several other criminal statutes. Compare § 45-5-201, MCA (assault) with § 45-5-202, MCA (aggravated assault; “The elements of assault generally must be present in addition to the aggravating factor of causing serious bodily injury[.]” Section
2021 MT 235N Sep 14, 2021 Affirmed
State v. D. Kindt
Majority · 0 to 0
ra that Officer Case was wearing. Kindt was charged with the following crimes by Inforrnation: Count 1 : Aggravated Assault, a felony, in violation of § 45-5-202, MCA; and Count 2: PFMA, a rnisdemeanor, in violation of § 45-5-206, MCA. Trial was held on October 16, 2019. At trial, the State sought to introduce the body came
2021 MT 138N Jun 1, 2021 Affirmed
State v. J. Larson
Majority by Ingrid Gustafson · 5 to 0
straint. During deliberations, the jury inquired twice about the definition of “reasonable apprehension,” an element of the aggravated assault charge under § 45-5-202(1), MCA. After consultation with counsel, the District Court responded: “Reasonable apprehension refers to fear that is justified under the circumstances, as judged
Official Annotations archive.org, 2025 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