Montana § 45-3-106 Use Of Force To Prevent Escape

Montana Statutes

§ 45-3-106 — Use Of Force To Prevent Escape

Montana § 45-3-106

Title 45CRIMES

Ch. 3JUSTIFIABLE USE OF FORCE

Part 1When Force Justified

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Bluebook

Mont. Code Ann. § 45-3-106 (2026).

Text

45-3-106 . Use of force to prevent escape.

(1)A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.

(2)A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.

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45-3-106 . Use of force to prevent escape. (1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.
(2) A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.