Montana Statutes
§ 45-3-105 — Use Of Force By Aggressor
45-3-105 . Use of force by aggressor. The justification described in 45-3-102 through 45-3-104 is not available to a person who:
(1)is attempting to commit, committing, or escaping after the commission of a forcible felony; or
(2)purposely or knowingly provokes the use of force against the person, unless:
(a)the force is so great that the person reasonably believes that the person is in imminent danger of death or serious bodily harm and that the person has exhausted every reasonable means to escape the danger other than the use of force that is likely to cause death or serious bodily harm to the assailant; or
(b)in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that the person desires to withdraw and terminate the use o
Free access — add to your briefcase to read the full text and ask questions with AI
Montana § 45-3-105 (Use Of Force By Aggressor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. 94-3-105 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-105 ; amd. Sec. 1646, Ch. 56, 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