Montana § 45-7-301 Resisting Arrest

Montana Statutes

§ 45-7-301 — Resisting Arrest

Montana § 45-7-301

Title 45CRIMES

Ch. 7OFFENSES AGAINST PUBLIC ADMINISTRATION

Part 3Obstructing Governmental Operations

This text of Montana § 45-7-301 (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. § 45-7-301 (2026).

Text

45-7-301 . Resisting arrest.

(1)A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:

(a)using or threatening to use physical force or violence against the peace officer or another; or

(b)using any other means that creates a risk of causing physical injury to the peace officer or another.

(2)It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer's official authority.

(3)A person convicted of the offense of resisting arrest shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

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45-7-301 . Resisting arrest. (1) A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:
(a) using or threatening to use physical force or violence against the peace officer or another; or
(b) using any other means that creates a risk of causing physical injury to the peace officer or another.
(2) It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer's official authority.
(3) A person convicted of the offense of resisting arrest shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.