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Montana Title 45. Crimes § 45-7-301. Resisting arrest

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

(1) A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:

(a) using or threatening to use physical force or violence against the peace officer or another; or

(b) using any other means that creates a risk of causing physical injury to the peace officer or another.

(2) It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer's official authority.

(3) A person convicted of the offense of resisting arrest shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

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Cite this article: FindLaw.com - Montana Title 45. Crimes § 45-7-301. Resisting arrest - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-45-crimes/mt-st-45-7-301/

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 before relying on it for your legal needs.

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