Montana
Montana Assault Laws: Simple vs Aggravated Assault and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 20 primary sources cited on this page. How we verify our legal content
Montana has no crime called battery. Montana Code 45-5-201 defines a single offense, assault, that covers causing bodily injury, making insulting or provoking physical contact and causing reasonable apprehension of bodily injury, and it carries up to 6 months in the county jail. State prison terms apply to aggravated assault (45-5-202), assault with a weapon (45-5-213), assault on a peace officer or judicial officer (45-5-210), assault on a minor (45-5-212), strangulation of a partner or family member (45-5-215) and a third partner or family member assault (45-5-206). For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Montana's assault statutes in Title 45, chapter 5, part 2 of the Montana Code Annotated (45-5-201 to 45-5-215), the general definitions in 45-2-101, the sentencing provisions in 46-18-219, 46-18-222 and 46-18-502, and the civil filing periods in 27-2-204, 27-2-216 and 27-2-401. It does not cover self-defense and justification (see Montana self-defense laws), protective orders (see Montana restraining order laws), sexual offenses, federal assault crimes (see the hub) or city and county ordinances.
Assault vs. battery in Montana
Montana's criminal code does not use the word battery. None of the fifteen sections in Title 45, chapter 5, part 2 (45-5-201 through 45-5-215) contains it. Instead, assault covers both threats and contact. Montana Code 45-5-201(1) provides:
"A person commits the offense of assault if the person: (a) purposely or knowingly causes bodily injury to another; (b) negligently causes bodily injury to another with a weapon; (c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; (d) purposely or knowingly causes reasonable apprehension of bodily injury in another; or (e) purposely or knowingly provides an individual with rohypnol, flunitrazolam, or gamma-hydroxybutyrate without the individual's consent."
Paragraph (c) means an insulting or provoking touch with no injury is the same offense as an injury assault. Paragraph (d) covers what many states call assault: putting someone in reasonable apprehension of bodily injury.
The mental states are defined in 45-2-101. A person acts "purposely" when "it is the person's conscious object to engage in that conduct or to cause that result," and "knowingly" when "the person is aware of the person's own conduct or that the circumstance exists." A person acts "negligently" when the person "consciously disregards a risk that the result will occur or that the circumstance exists or when the person disregards a risk of which the person should be aware that the result will occur or that the circumstance exists." The definition adds: "The risk must be of a nature and degree that to disregard it involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation."
Is assault a felony in Montana?
Montana does not sort offenses into felony or misdemeanor classes in advance. Under 45-2-101(23), "'Felony' means an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year," and under 45-2-101(42), a misdemeanor is "an offense for which the sentence imposed upon conviction is imprisonment in the county jail for a term or a fine, or both, or for which the sentence imposed is imprisonment in a state prison for a term of 1 year or less."
Simple assault is a misdemeanor: "A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both" (45-5-201(2)). The sections that authorize state prison terms of more than 1 year, and so can produce a felony conviction, include aggravated assault (45-5-202), assault with a weapon (45-5-213), assault on a peace officer or judicial officer (45-5-210), assault on a minor (45-5-212), strangulation of a partner or family member (45-5-215), a third or later partner or family member assault (45-5-206(3)(a)(iv)) and the related offense of criminal endangerment (45-5-207). Negligent vehicular assault, negligently operating a vehicle while under the influence and causing bodily injury (45-5-205), carries a fine up to $1,000, up to 1 year in a county jail, or both, and when it causes serious bodily injury, a fine up to $10,000, incarceration up to 10 years, or both (45-5-205(3)); whether a conviction is a felony depends on the sentence imposed (45-2-101(23)).
Montana assault offenses and penalties
| Offense | Statute | What it covers | How it is classified | Statutory penalty range |
|---|---|---|---|---|
| Assault | MCA 45-5-201 | Purposely or knowingly causing bodily injury; negligently causing bodily injury with a weapon; purposely or knowingly making insulting or provoking physical contact; purposely or knowingly causing reasonable apprehension of bodily injury; or purposely or knowingly providing rohypnol, flunitrazolam or GHB without consent | Misdemeanor (county jail or fine) | A fine up to $500, up to 6 months in the county jail, or both |
| Aggravated assault | MCA 45-5-202 | Purposely or knowingly causing serious bodily injury; or purposely or knowingly, with physical force or contact, causing reasonable apprehension of serious bodily injury or death | Felony when the sentence exceeds 1 year in state prison | Up to 20 years in state prison; a fine up to $50,000 |
| Assault with a weapon | MCA 45-5-213 | Purposely or knowingly causing bodily injury with a weapon, or reasonable apprehension of serious bodily injury by use of a weapon or what reasonably appears to be a weapon | Felony when the sentence exceeds 1 year in state prison | Up to 20 years in state prison, a fine up to $50,000, or both, subject to subsection (2)(b) |
| Assault on a peace officer or judicial officer | MCA 45-5-210(1)(a)-(c), (2)(a) | Purposely or knowingly causing an officer (1)(a) bodily injury; (1)(b) reasonable apprehension of serious bodily injury by use of (i) a weapon or (ii) what reasonably appears to be a weapon; or (1)(c) bodily injury with a weapon | Felony when the sentence exceeds 1 year in state prison | (1)(a), (1)(b)(i), (1)(c): 2 to 10 years in state prison and a fine up to $50,000; (1)(b)(ii): up to 10 years and a fine up to $50,000 |
| Assault on a peace officer or judicial officer, subsection (1)(d) form | MCA 45-5-210(1)(d), (2)(b) | Purposely or knowingly causing serious bodily injury to an officer | Felony when the sentence exceeds 1 year in state prison | A fine up to $50,000, 5 to 20 years in state prison, or both |
| Assault on a minor | MCA 45-5-212 | Any assault under 45-5-201 when the victim is under 14 and the offender is 18 or older | Felony when the sentence exceeds 1 year in state prison | Up to 5 years in state prison, a fine up to $50,000, or both; victim under 36 months: up to 10 years (first offense) or 20 years (second or later), a fine up to $50,000, or both; victim under 36 months who suffers serious bodily injury: up to 20 years (first offense) or 40 years (second or later), a fine up to $50,000, or both (45-5-212(2)(c)) |
| Negligent vehicular assault | MCA 45-5-205 | Negligently operating a vehicle while under the influence of alcohol or drugs and causing bodily injury to another | Depends on the sentence imposed (45-2-101(23)) | A fine up to $1,000, up to 1 year in a county jail, or both; with serious bodily injury, a fine up to $10,000, up to 10 years, or both |
| Assault upon a sports official | MCA 45-5-211 | Causing bodily injury, negligently causing bodily injury with a weapon, insulting or provoking contact, or reasonable apprehension of bodily injury, while the official is acting at an athletic contest | Misdemeanor (county jail or fine) | A fine up to $1,000, up to 6 months in the county jail, or both |
| Assault with a bodily fluid | MCA 45-5-214 | Purposely causing one's bodily fluid to contact a law enforcement officer, correctional or detention staff, or a health care provider, in listed settings, or an emergency responder | Misdemeanor (term of 1 year or less) | A fine up to $1,000, up to 1 year in a county jail or state prison, or both |
| Partner or family member assault | MCA 45-5-206(1), (3)(a)(i)-(ii) | Purposely or knowingly causing bodily injury to a partner or family member; negligently causing bodily injury with a weapon; or purposely or knowingly causing reasonable apprehension of bodily injury | Misdemeanor (county jail) | First: a fine of $100 to $1,000 and 24 hours to 1 year in the county jail. Second: a fine of $300 to $1,000 and 72 hours to 1 year in the county jail |
| Partner or family member assault, third or subsequent conviction | MCA 45-5-206(3)(a)(iv) | A third or later conviction under the section | Felony when the term exceeds 1 year (state prison) | A fine of $500 to $50,000 and 30 days to 5 years |
| Strangulation of a partner or family member | MCA 45-5-215 | Purposely or knowingly impeding normal breathing or blood circulation by pressure on the throat or neck or by blocking air flow to the nose and mouth | Felony when the sentence exceeds 1 year in state prison | First: a fine up to $50,000, up to 5 years in state prison, or both. Second or later: 2 to 20 years in state prison and a fine up to $50,000 |
| Criminal endangerment (related) | MCA 45-5-207 | Knowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another | Felony when the sentence exceeds 1 year in state prison | A fine up to $50,000, up to 10 years in state prison, or both |
These are the ranges for each offense itself, and the maximums are maximums, not typical sentences. Montana Code 46-18-219 requires a life sentence for some repeat convictions of listed offenses, including aggravated assault and strangulation, 46-18-502 sets higher penalties for persistent felony offenders, and 46-18-222 sets exceptions to mandatory minimums; all are described below.
Definitions that decide the grade
Montana Code 45-2-101 supplies the general definitions:
- Bodily injury: "physical pain, illness, or an impairment of physical condition and includes mental illness or impairment."
- Serious bodily injury: bodily injury that "(i) creates a substantial risk of death; (ii) causes serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ; or (iii) at the time of injury, can reasonably be expected to result in serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ." The term "includes serious mental illness or impairment."
- Weapon: "an instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury."
The difference between aggravated assault and assault with a weapon follows from these terms. Aggravated assault requires serious bodily injury, or reasonable apprehension of serious bodily injury or death caused "with the use of physical force or contact." Assault with a weapon requires only bodily injury with a weapon, or reasonable apprehension of serious bodily injury "by use of a weapon or what reasonably appears to be a weapon."
Assault on a police officer, judge, sports official or other protected person in Montana
Peace officers and judicial officers. Montana Code 45-5-210 sets a separate offense, assault on a peace officer or judicial officer, graded by subsection. Under 45-5-210(1), the offense is committed when 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." A conviction under subsection (1)(a), (1)(b)(i) or (1)(c) carries "a term of not less than 2 years or more than 10 years" in state prison and a fine of up to $50,000; under (1)(b)(ii), up to 10 years and a fine of up to $50,000; and, "Except as provided in 46-18-222," under (1)(d), a fine of up to $50,000 or 5 to 20 years in state prison, or both. For this section, "'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" (45-5-210(3)(b)); 45-2-101(55) defines a peace officer as a person who "by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses while acting within the scope of the person's authority." Under 45-5-210(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."
Sports officials. Under 45-5-211, a person commits assault upon a sports official if, "while a sports official is acting as an official at an athletic contest in any sport at any level of amateur or professional competition," the person purposely or knowingly causes bodily injury, negligently causes bodily injury with a weapon, purposely or knowingly makes insulting or provoking physical contact, or purposely or knowingly causes reasonable apprehension of bodily injury. It carries a fine of up to $1,000, up to 6 months in the county jail, or both.
Children under 14. Under 45-5-212(1), "A person commits the offense of assault on a minor if the person commits an offense under 45-5-201, and at the time of the offense, the victim is under 14 years of age and the offender is 18 years of age or older." Because it builds on 45-5-201, any form of assault, including insulting or provoking contact, qualifies. The penalty is up to 5 years in state prison, a fine of up to $50,000, or both, except as provided in subsections (2)(b) and (2)(c). When the victim is under 36 months, a first offense under (2)(b) carries up to 10 years and a second or later offense up to 20 years, in each case or a fine of up to $50,000, or both. When a victim under 36 months suffers serious bodily injury, a first offense under (2)(c) carries up to 20 years and a second or later offense up to 40 years, in each case or a fine of up to $50,000, or both.
Officers, staff, health care providers and emergency responders (bodily fluid). Under 45-5-214, a person commits assault with a bodily fluid if the person "purposely causes one of the person's bodily fluids to make physical contact with" a law enforcement officer, a staff person of a correctional or detention facility, or a health care provider acting in the course and scope of the provider's profession, during or after an arrest, while the person is incarcerated in or being transported to or from a prison, jail, detention facility or health care facility, or in the circumstances involving detained minors that the section lists; or with an emergency responder, as the section defines the term. It carries a fine of up to $1,000, up to 1 year in a county jail or state prison, or both.
Within part 2. The victim-specific provisions in Title 45, chapter 5, part 2 are the peace officer and judicial officer offense (45-5-210), sports officials (45-5-211), children under 14 (45-5-212), bodily fluid contact (45-5-214), mistreating prisoners (45-5-204) and the partner or family member offenses (45-5-206, 45-5-215). Provisions in other parts of the code are outside this page.
Repeat-offender rules
Montana Code 46-18-219(1)(b) provides that, "Except as provided in subsection (3)," if an offender convicted of a listed offense "was previously convicted of two of the following offenses, two of any combination of the offenses listed in subsection (1)(a) or the following offenses, or two of any offenses under the laws of another state or of the United States that, if committed in this state, would be one of the offenses listed," the offender "must be sentenced to life in prison, unless the death penalty is applicable and imposed." The list includes "45-5-202, aggravated assault" and "45-5-215, strangulation of a partner or family member." The aggravated assault section itself says its penalty applies "except as provided in 46-18-219 and 46-18-222."
Montana Code 46-18-222 lists situations in which "Mandatory minimum sentences prescribed by the laws of this state" do not apply. One of them, in subsection (5), is "except for offenses committed under 45-5-706 and 45-5-711, in a case in which the threat of bodily injury or actual infliction of bodily injury is an actual element of the crime, no serious bodily injury was inflicted on the victim unless a weapon was used in the commission of the offense."
Montana Code 46-18-502 covers persistent felony offenders. Under 46-1-202(18), a persistent felony offender is generally an offender being sentenced for a third felony committed on a different occasion after two separate prior felony convictions, within the time limits the definition sets, where at least one of the three felonies is a sexual or violent offense as 46-23-502 defines those terms; 46-1-202 separately defines a persistent felony offender under supervision. Except as provided in 46-18-219, such an offender who was 21 or older at the time of the present offense faces 5 to 100 years in state prison, a fine up to $50,000, or both, and 10 to 100 years, run consecutively, in the circumstances in 46-18-502(2). Except as provided in 46-18-222, the first 5 years (or the first 10 years under subsection (2)) may not be deferred or suspended.
Partner or family member assault and strangulation in Montana
Montana Code 45-5-206 creates a separate offense, partner or family member assault. A person commits it if the person "(a) purposely or knowingly causes bodily injury to a partner or family member; (b) negligently causes bodily injury to a partner or family member with a weapon; or (c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member." The section defines "Partners" as "spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship," and it separately defines family members.
- First conviction: a fine of not less than $100 or more than $1,000, and county jail "for a term not to exceed 1 year or not less than 24 hours."
- Second conviction: a fine of not less than $300 or more than $1,000, and county jail of "not less than 72 hours or more than 1 year."
- Third or subsequent conviction: a fine of not less than $500 and not more than $50,000, and imprisonment "for a term not less than 30 days and not more than 5 years. If the term of imprisonment does not exceed 1 year, the person shall be imprisoned in the county jail. If the term of imprisonment exceeds 1 year, the person shall be imprisoned in the state prison."
Strangulation is a separate offense. Under 45-5-215(1), a person commits strangulation of a partner or family member if the person "purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by: (a) applying pressure on the throat or neck of the partner or family member; or (b) blocking air flow to the nose and mouth of the partner or family member." A first offense carries a fine of up to $50,000, up to 5 years in state prison, or both; a second or subsequent offense carries 2 to 20 years in state prison and a fine of up to $50,000, "except as provided in 46-18-219 and 46-18-222."
Under federal law, a conviction for a misdemeanor crime of domestic violence bars possessing a firearm or ammunition (18 U.S.C. 922(g)(9)); the assault and battery laws hub covers the federal layer. Protective orders are covered in Montana restraining order laws.
Recent changes
The 2025 Montana Code Annotated shows the partner or family member assault section, 45-5-206, as most recently amended by Chapter 463, Laws of 2025. The base assault section, 45-5-201, was last amended by Chapter 268, Laws of 2023, which appears in the current text quoted above.
Civil lawsuits for assault and battery
A criminal prosecution and a civil lawsuit are separate proceedings, and the civil statute still uses both words. Montana Code 27-2-204(3) provides: "The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years." Under 27-2-401, if the injured person is a minor when the claim accrues, the time of minority is not counted toward that period. Under 27-2-216, an action for injury from childhood sexual abuse against the individual who committed the acts may be brought before the injured person turns 27 or within 3 years after the person discovers, or reasonably should have discovered, that the injury was caused by the abuse. Other filing deadlines are collected in our guide to the Montana statute of limitations.
Related legal issues
Self-defense and defense of others are justifications with their own rules; see Montana self-defense laws rather than this page. For protective orders after an assault or threat, see Montana restraining order laws. For clearing a past record, see Montana expungement laws.
Related pages
- Assault and battery laws by state
- Montana self-defense laws
- Montana restraining order laws
- Montana expungement laws
- Montana statute of limitations
- Idaho assault and battery laws
- Wyoming assault and battery laws
This article provides general legal information about Montana assault statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Montana.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in Montana?
Montana's criminal code has no battery offense. Montana Code 45-5-201 uses the single word assault for causing bodily injury, insulting or provoking physical contact and causing reasonable apprehension of bodily injury; only the civil filing-period statute, 27-2-204(3), names assault and battery separately.
Is assault a felony in Montana?
Simple assault under 45-5-201 is not: it carries a fine of up to $500, up to 6 months in the county jail, or both. Aggravated assault (45-5-202) and assault with a weapon (45-5-213) carry state prison terms of up to 20 years, and Montana treats an offense as a felony when the sentence imposed is a state prison term of more than 1 year (45-2-101(23)).
Is touching someone in an insulting way assault in Montana?
Yes. Montana Code 45-5-201(1)(c) makes it assault to purposely or knowingly make physical contact of an insulting or provoking nature with any individual, and it carries the same penalty as an injury assault: a fine of up to $500, up to 6 months in the county jail, or both.
What happens if you assault a police officer in Montana?
Assault on a peace officer or judicial officer under Montana Code 45-5-210 is purposely or knowingly causing bodily injury to a peace officer or judicial officer, or the other forms in 45-5-210(1): reasonable apprehension of serious bodily injury by use of a weapon or what reasonably appears to be one, bodily injury with a weapon, or serious bodily injury. It carries 2 to 10 years in state prison and a fine of up to $50,000 for the subsection (1)(a), (1)(b)(i) and (1)(c) forms, up to 10 years for the (1)(b)(ii) form, and 5 to 20 years or a fine of up to $50,000, or both, for the (1)(d) form. Mandatory minimums are subject to the exceptions in 46-18-222, and simple assault under 45-5-201 is not included in the offense (45-5-210(4)).
Is it a crime to assault a referee in Montana?
Yes. Montana Code 45-5-211 makes it assault upon a sports official to cause bodily injury, make insulting or provoking contact, or cause reasonable apprehension of bodily injury, among other forms, while the official is acting as an official at an athletic contest at any level of amateur or professional competition. It carries a fine of up to $1,000, up to 6 months in the county jail, or both.
Is partner or family member assault a felony in Montana?
A first or second conviction under Montana Code 45-5-206 carries up to 1 year in the county jail. A third or subsequent conviction carries a fine of $500 to $50,000 and 30 days to 5 years; a term over 1 year is served in the state prison, and a term of 1 year or less in the county jail.
How long do you have to sue for assault in Montana?
Montana Code 27-2-204(3) provides that an action for libel, slander, assault, battery, false imprisonment or seduction must be commenced within 2 years. Under 27-2-401, the time the injured person is a minor is not counted toward that period, and under 27-2-216 an action against the person who committed childhood sexual abuse may be brought before the injured person turns 27 or within 3 years after discovering the injury was caused by the abuse.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 45
§ 45-5-201AssaultIn forcecited in 2 of our articles
45-5-201. Assault. (1) A person commits the offense of assault if the person: (a) purposely or knowingly causes bodily injury to another; (b) negligently causes bodily injury to another with a weapon; (c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual; (d) purposely or knowingly causes reasonable apprehension of bodily injury in another; or (e) purposely or knowingly provides an individual with rohypnol, flunitrazolam, or gamma-hydroxybutyrate without the individual's consent. (2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 49 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Ottwell (Montana Supreme Court 1989, 239 Mont. 150)“…ifference in proof between the misdemeanor assault statute, § 45-5-201, MCA, and the felony assault statute, § 45-5…”
- State v. Trimmer (Montana Supreme Court 1985, 214 Mont. 427)“…fine based on the penalty provided for misdemeanor assault (sec. 45-5-201, MCA). The court then invoked the sentence e…”
- State v. Walsh (Montana Supreme Court 1997, 281 Mont. 70)“…in the NHL would spend the rest of his life behind bars. Section 45-5-201, MCA, provides, in relevant part, that: (1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Expungement Laws: Misdemeanor Eligibility, Process, and Limits (2026)
§ 45-5-202Aggravated AssaultIn force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-5-213Assault With WeaponIn forcecited in 2 of our articles
45-5-213. Assault with weapon. (1) A person commits the offense of assault with a weapon if the person purposely or knowingly causes: (a) bodily injury to another with a weapon; or (b) reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon. (2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both. (b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)“…him with the offense of assault with a weapon, pursuant to § 45-5-213, MCA, rather than the offense of privacy in…”
- State v. Pingree (Montana Supreme Court 2015, 379 Mont. 521)“…Pingree with felony Assault with a Weapon, in violation of § 45-5-213, MCA, and misdemeanor Partner or Family Memb…”
- State v. Finerfrock (Montana Supreme Court 2014, 377 Mont. 81)“…r Count I: Assault with a Weapon, a felony, in violation of Section 45-5-213, MCA, sentenced to the Department of Correct…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Pepper Spray and Stun Gun Laws (2026)
§ 45-5-210Assault On Peace Officer Or Judicial OfficerIn force
45-5-210. Assault on peace officer or judicial officer. (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-5-206Partner Or Family Member Assault -- PenaltyIn forcecited in 2 of our articles
45-5-206. Partner or family member assault -- penalty. (1) A person commits the offense of partner or family member assault if the person: (a) purposely or knowingly causes bodily injury to a partner or family member; (b) negligently causes bodily injury to a partner or family member with a weapon; or (c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or family member. (2) For the purposes of Title 40, chapter 15, 45-5-231 through 45-5-234, 46-6-311, and this section, the following definitions apply: (a) "Family member" means mothers, fathers, children, brothers, sisters, and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household. (b) "Partners" means spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 81 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Mizenko (Montana Supreme Court 2006, 330 Mont. 299)“…offense of Partner or Family Member Assault in violation of § 45-5-206, MCA. During trial, the District Court admit…”
- State v. Eagle (Montana Supreme Court 2010, 358 Mont. 22)“…ly injury to his partner, Michelle Gobert” in violation of § 45-5-206, MCA. No subsection was cited. ¶3 Trial…”
- State v. Liefert (Montana Supreme Court 2002, 309 Mont. 19)“…after pleading guilty under state law to partner assault, § 45-5-206, MCA, in Justice Court No. 1, Broadwater Cou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 45-5-215Strangulation Of Partner Or Family MemberIn force
45-5-215. Strangulation of partner or family member. (1) A person commits the offense of strangulation of a partner or family member if the person purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by: (a) applying pressure on the throat or neck of the partner or family member; or (b) blocking air flow to the nose and mouth of the partner or family member. (2) (a) A person convicted of a first offense of strangulation of a partner or family member shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both. (b) A person convicted of a second or subsequent offense under this section shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined an amount not more than $50,000, except as provided in 46-18-219 and 46-18-222. (3) A person convicted of strangulation of a partner or family member is required to pay for and complete a counseling assessment as required in 45-5-206(4). (4) For the purposes of this section, "partner" and "family member" have the meanings provided in 45-5-206.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-5-211Assault Upon Sports OfficialIn force
45-5-211. Assault upon sports official. (1) A person commits the offense of assault upon a sports official if, while a sports official is acting as an official at an athletic contest in any sport at any level of amateur or professional competition, the person: (a) purposely or knowingly causes bodily injury to the sports official; (b) negligently causes bodily injury to the sports official with a weapon; (c) purposely or knowingly makes physical contact of an insulting or provoking nature with the sports official; or (d) purposely or knowingly causes reasonable apprehension of bodily injury in the sports official. (2) A person convicted of assault upon a sports official shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 45-2-101General DefinitionsIn forcecited in 11 of our articles
45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title: (1) "Acts" has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action. (2) "Administrative proceeding" means a proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual. (3) "Another" means a person or persons other than the offender. (4) (a) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to another person or entity in whose welfare the beneficiary is interested. (b) Benefit does not include an advantage promised generally to a group or class of voters as a consequence of public measures that a candidate engages to support or oppose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)“…n the intended victim of the serious bodily injury. ¶34 Section 45-2-101, MCA, defines “another” as, simply, “a perso…”
- State v. Haser (Montana Supreme Court 2001, 304 Mont. 63)“…other person." Under the general definitions provided under § 45-2-101, MCA, "sexual intercourse" includes "penetra…”
- State v. Stevens (Montana Supreme Court 2002, 311 Mont. 52)“…ingness to act, pursuant to §§ 45-5-501(1)(b)(ii) and 45-2-101, MCA, which defines “physically helpless.” H…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026), Stand Your Ground States: Rules in All 50 States and DC, Castle Doctrine States: Rules in All 50 States and DC
Montana Code Annotated, Title 27
§ 27-2-204Tort Actions -- General And Personal InjuryIn forcecited in 10 of our articles
27-2-204. (Temporary) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. (3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years. 27-2-204. (Effective October 1, 2026) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 and 27-2-219, the period prescribed for the commencement of an action on a liability not founded on an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 137 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Stratemeyer v. Lincoln County (Montana Supreme Court 1996, 276 Mont. 67)“…s complaint was filed within three years, as required by § 27-2-204, MCA, Stratemeyer had failed to first file h…”
- Blackburn v. Blue Mountain Women's Clinic (Montana Supreme Court 1997, 286 Mont. 60)“…negligence, to which the statute of limitations codified at § 27-2-204, MCA, applies, against Blue Mountain Clinic,…”
- Erickson v. Croft (Montana Supreme Court 1988, 233 Mont. 146)“…based on negligence must be commenced within three years. Section 27-2-204, MCA. Erickson admits that the statute of li…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Car Accident Laws: Fault, Insurance, and Your Claim, Montana Defamation Laws: Libel & Slander (2026), Medical Malpractice Laws in Montana (2026): Deadlines & Caps
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Sources and References
- MCA 45-5-201, Assault(mca.legmt.gov).gov
- MCA 45-5-202, Aggravated assault(mca.legmt.gov).gov
- MCA 45-5-213, Assault with weapon(mca.legmt.gov).gov
- MCA 45-5-210, Assault on peace officer or judicial officer(mca.legmt.gov).gov
- MCA 45-5-212, Assault on minor(mca.legmt.gov).gov
- MCA 45-5-215, Strangulation of partner or family member(mca.legmt.gov).gov
- MCA 45-5-206, Partner or family member assault(mca.legmt.gov).gov
- MCA 45-5-207, Criminal endangerment(mca.legmt.gov).gov
- MCA 45-2-101, General definitions(mca.legmt.gov).gov
- MCA 45-5-211, Assault upon sports official(mca.legmt.gov).gov
- MCA 45-5-214, Assault with bodily fluid(mca.legmt.gov).gov
- MCA 46-18-219, Life sentence without possibility of release(mca.legmt.gov).gov
- MCA 46-18-222, Exceptions to mandatory minimum sentences(mca.legmt.gov).gov
- 18 U.S.C. 922, Unlawful acts(www.govinfo.gov).gov
- MCA 27-2-204, Tort actions(mca.legmt.gov).gov
- Montana Code 45-5-205, Negligent vehicular assault(mca.legmt.gov).gov
- Montana Code 46-18-502, Sentencing of persistent felony offender(mca.legmt.gov).gov
- Montana Code 46-1-202, Definitions (persistent felony offender)(mca.legmt.gov).gov
- Montana Code 27-2-216, Tort actions, childhood sexual abuse(mca.legmt.gov).gov
- Montana Code 27-2-401, When person entitled to bring action is under a disability(mca.legmt.gov).gov
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