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
2018 MT 93 Apr 17, 2018 Affirmed
State v. M. Lau
Majority by Jim Rice · 5 to 0
d in the use of deadly force, Lau had to reasonably believe he was preventing “serious bodily harm” or “serious bodily injury.” See §§ 45-3-102, -101, 45-5-202, MCA. Serious bodily injury includes an injury that, “at the time of injury, can reasonably be expected to result in serious permanent disfigurement or protracted
2018 MT 55 Mar 20, 2018 Affirmed in part, reversed in part
State v. T. Ritesman
Majority by Beth Baker · 5 to 0
n, that she had scrapes underneath her torn shirt, and that she had red marks on her neck. ¶6 The State charged Ritesman with felony aggravated assault under § 45-5-202, MCA, for allegedly strangling Windmueller and causing her reasonable apprehension of serious bodily injury or death. It also charged Ritesman with misdemeanor vio
2018 MT 16 Feb 6, 2018 Affirmed
State v. A. Porter
Majority by Beth Baker · 4 to 0 with 2 concurring
Clerk Justice Beth Baker delivered the Opinion of the Court. ¶1 A Gallatin County jury convicted Aaron Antonio Porter of felony aggravated assault under § 45-5-202, MCA, for strangling his domestic partner, Michelle Allen, during a domestic dispute. Allen did not appear or testify at trial. Over Porter’s objection, the Distr
2017 MT 314 Dec 19, 2017 Affirmed
State v. S. Santillan
Majority by Laurie McKinnon · 5 to 0
on of the action more probable or less probable than it would be without the evidence.” M. R. Evid. 401. The State charged Santillan with aggravated assault. Section 45-5-202(1), MCA, provides, “A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another . . . .” Accord
2017 MT 127 May 30, 2017 Affirmed
State v. J. Lackman
Majority by Beth Baker · 5 to 0
ony” as “any felony which involves the use or threat of physical force or violence against any individual.” Lackman asserts that both aggravated assault (§ 45-5-202(1), MCA) and assault with a weapon (§ 45-5-213(1), MCA) are forcible felonies that can be accomplished by creating a “reasonable apprehension of serious bodily inju
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