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Montana Title 45. Crimes § 45-3-103. Use of force in defense of occupied structure

Current as of April 27, 2021 | Updated by FindLaw Staff

(1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.

(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:

(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or

(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

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Cite this article: FindLaw.com - Montana Title 45. Crimes § 45-3-103. Use of force in defense of occupied structure - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-45-crimes/mt-code-ann-sect-45-3-103.html

Read this complete Montana Title 45. Crimes § 45-3-103. Use of force in defense of occupied structure on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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