Montana § 45-5-205 Negligent Vehicular Assault -- Penalty

Montana Statutes

§ 45-5-205 — Negligent Vehicular Assault -- Penalty

Montana § 45-5-205

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 2Assault and Related Offenses

This text of Montana § 45-5-205 (Negligent Vehicular Assault -- Penalty) 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. § 45-5-205 (2026).

Text

45-5-205 . Negligent vehicular assault -- penalty.

(1)A person who negligently operates a vehicle, other than a bicycle as defined in 61-8-102 , while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-1002 , and who causes bodily injury to another commits the offense of negligent vehicular assault.

(2)Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or incarcerated in a county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241 .

(3)A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not

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45-5-205 . Negligent vehicular assault -- penalty. (1) A person who negligently operates a vehicle, other than a bicycle as defined in 61-8-102 , while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-1002 , and who causes bodily injury to another commits the offense of negligent vehicular assault.
(2) Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or incarcerated in a county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241 .
(3) A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or incarcerated for a term not to exceed 10 years, or both, and shall be ordered to pay restitution as provided in 46-18-241 .
(4) If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.

Legislative History

En. Sec. 1, Ch. 93, L. 1985; amd. Sec. 1, Ch. 196, L. 1987; amd. Sec. 14, Ch. 789, L. 1991; amd. Sec. 1, Ch. 317, L. 1997; amd. Sec. 1, Ch. 17, L. 2001; amd. Sec. 1, Ch. 563, L. 2001; amd. Sec. 40, Ch. 542, L. 2005; amd. Sec. 21, Ch. 498, L. 2021.