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Montana Title 45. Crimes § 45-5-210. Assault on peace officer or judicial officer

Current as of January 01, 2024 | Updated by FindLaw Staff

(1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:

(a) bodily injury to a peace officer or judicial officer;

(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of:

(i) a weapon; or

(ii) what reasonably appears to be a weapon;

(c) bodily injury to a peace officer or judicial officer with a weapon; or

(d) serious bodily injury to a peace officer or judicial officer.

(2)(a) A person convicted of assault on a peace officer or judicial officer:

(i) under subsection (1)(a), (1)(b)(i), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amount not to exceed $50,000; or

(ii) under subsection (1)(b)(ii) shall be imprisoned in the state prison for a term not to exceed 10 years and may be fined an amount not to exceed $50,000.

(b) Except as provided in 46-18-222, a person convicted of assault on a peace officer or judicial officer under subsection (1)(d) shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 5 years or more than 20 years, or both.

(3) As used in this section, the following definitions apply:

(a) “Judicial officer” has the meaning provided in 1-1-202 and includes the workers' compensation judge, water court judges, and judges pro tempore.

(b) “Peace officer” has the meaning provided in 45-2-101 and includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.

(4) Criminal endangerment, negligent endangerment, and assault, as defined in 45-5-201, are not included as offenses of assault on a peace officer or judicial officer.

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Cite this article: FindLaw.com - Montana Title 45. Crimes § 45-5-210. Assault on peace officer or judicial officer - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-45-crimes/mt-code-ann-sect-45-5-210/

Read this complete Montana Title 45. Crimes § 45-5-210. Assault on peace officer or judicial officer on Westlaw

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