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
2016 MT 207 Aug 23, 2016 Affirmed
State v. Griego
Majority by Michael E Wheat · 5 to 0
of § 45-5-303(1)(b), MCA; two counts of felony intimidation, in violation of § 45-5-203(1)(a), MCA; two counts of felony aggravated assault, in violation of § 45-5-202, MCA; one count of felony assault with a weapon, in violation of § 45-5-213(1)(b), MCA; one count of felony attempted sexual intercourse without consent, in violat
2016 MT 1 Jan 5, 2016 Affirmed
State v. Laurence Stewart II
Majority by Beth Baker · 5 to 0
o another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.” Section 45-5-202, MCA. Serious bodily injury means bodily injury that: (i) creates a substantial risk of death; (ii) causes serious permanent disfigurement or protracted loss or imp
2015 MT 67 Feb 24, 2015 Reversed
State v. Violette
Majority by Laurie McKinnon · 5 to 0
iolette struck 75-year-old Mary Mehrer in the face and seriously injured her. The State charged Violette with three counts: aggravated assault, in violation of § 45-5-202, MCA; criminal mischief, which is not pertinent to this appeal; and elder abuse, in violation of § 52-3-825, MCA. The allegations state that Mehrer was an “older
2014 MT 108 Apr 22, 2014 Affirmed
State v. Reim
Majority by Michael E Wheat · 5 to 0
ate further argues that, in any case, if the court’s order incorporated the wrong definitions of purposely or knowingly, the error was harmless. 19 ¶44 Section 45-5-202, MCA, provides that a person commits aggravated assault if “the person purposely or knowingly causes serious bodily injury to another[.]” “[A] person acts pu
2014 MT 48 Feb 25, 2014 Affirmed
State v. Zink
Majority by Michael E Wheat · 5 to 0
the Opinion of the Court. BACKGROUND ¶1 The State of Montana charged Thomas Zink (Zink) by Information with aggravated assault against his wife pursuant to § 45-5-202(1), MCA. The State later moved to amend the Information to add a criminal endangerment charge pursuant § 45-5-207(1), MCA. Before trial, Zink moved to dismiss the end
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