Montana Statutes
§ 45-3-108 — Use Of Force In Resisting Arrest
45-3-108 . Use of force in resisting arrest. A person is not authorized to use force to resist an arrest that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful and the arrest in fact is unlawful.
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Legislative History
En. 94-3-108 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-108 ; amd. Sec. 1649, 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