Montana § 45-5-213 Assault With Weapon

Montana Statutes

§ 45-5-213 — Assault With Weapon

Montana § 45-5-213

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 2Assault and Related Offenses

This text of Montana § 45-5-213 (Assault With Weapon) 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. § 45-5-213 (2026).

Text

45-5-213 . Assault with weapon.

(1)A person commits the offense of assault with a weapon if the person purposely or knowingly causes:

(a)bodily injury to another with a weapon; or

(b)reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.

(2)(a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.

(b)In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206 , the person is required to pay for and complete a counseling assessment as required in 45-5

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45-5-213 . Assault with weapon. (1) A person commits the offense of assault with a weapon if the person purposely or knowingly causes:
(a) bodily injury to another with a weapon; or
(b) reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.
(2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.
(b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206 , the person is required to pay for and complete a counseling assessment as required in 45-5-206 (4).