Montana Statutes
§ 45-3-108 — Use Of Force In Resisting Arrest
Montana § 45-3-108
This text of Montana § 45-3-108 (Use Of Force In Resisting Arrest) 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. § 45-3-108 (2026).
Text
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 DefenseCite This Page — Counsel Stack
Bluebook (online)
Montana § 45-3-108, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/3/45-3-108.