Montana § 27-1-1102 Duty To Warn Of Violent Behavior

Montana Statutes

§ 27-1-1102 — Duty To Warn Of Violent Behavior

Montana § 27-1-1102

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 11Liability of Mental Health Professionals

This text of Montana § 27-1-1102 (Duty To Warn Of Violent Behavior) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-1-1102 (2026).

Text

27-1-1102 . Duty to warn of violent behavior. A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:

(1)made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient's or the victim's residence of the threat of violence; and

(2)supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.

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27-1-1102 . Duty to warn of violent behavior. A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:
(1) made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient's or the victim's residence of the threat of violence; and
(2) supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.