Montana Statutes
§ 45-3-103 — Use Of Force In Defense Of Occupied Structure
45-3-103 . Use of force in defense of occupied structure.
(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 occupi
Free access — add to your briefcase to read the full text and ask questions with AI
Montana § 45-3-103 (Use Of Force In Defense Of Occupied Structure) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. 94-3-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-103 ; amd. Sec. 1644, Ch. 56, L. 2009; amd. Sec. 4, Ch. 332, L. 2009.
Nearby Sections
15
§ 45-3-101
Definitions§ 45-3-102
Use Of Force In Defense Of Person§ 45-3-105
Use Of Force By Aggressor§ 45-3-106
Use Of Force To Prevent Escape§ 45-3-108
Use Of Force In Resisting Arrest§ 45-3-109
Execution Of Death Sentence§ 45-3-110
No Duty To Summon Help Or Flee§ 45-3-111
Openly Carrying Weapon -- Display§ 45-3-113
And 45-3-114 Reserved§ 45-3-115
Affirmative Defense