Montana § 45-5-210 Assault On Peace Officer Or Judicial Officer

Montana Statutes

§ 45-5-210 — Assault On Peace Officer Or Judicial Officer

Montana § 45-5-210

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 2Assault and Related Offenses

This text of Montana § 45-5-210 (Assault On Peace Officer Or Judicial Officer) 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. § 45-5-210 (2026).

Text

45-5-210 . Assault on peace officer or judicial officer.

(1)A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:

(a)bodily injury to a peace officer or judicial officer;

(b)reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of:

(i)a weapon; or

(ii)what reasonably appears to be a weapon;

(c)bodily injury to a peace officer or judicial officer with a weapon; or

(d)serious bodily injury to a peace officer or judicial officer.

(2)(a) A person convicted of assault on a peace officer or judicial officer:

(i)under subsection (1)(a), (1)(b)(i), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amoun

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45-5-210 . Assault on peace officer or judicial officer. (1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:
(a) bodily injury to a peace officer or judicial officer;
(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of:
(i) a weapon; or
(ii) what reasonably appears to be a weapon;
(c) bodily injury to a peace officer or judicial officer with a weapon; or
(d) serious bodily injury to a peace officer or judicial officer.
(2) (a) A person convicted of assault on a peace officer or judicial officer:
(i) under subsection (1)(a), (1)(b)(i), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amount not to exceed $50,000; or
(ii) under subsection (1)(b)(ii) shall be imprisoned in the state prison for a term not to exceed 10 years and may be fined an amount not to exceed $50,000.
(b) Except as provided in 46-18-222 , a person convicted of assault on a peace officer or judicial officer under subsection (1)(d) shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 5 years or more than 20 years, or both.
(3) As used in this section, the following definitions apply:
(a) "Judicial officer" has the meaning provided in 1-1-202 and includes the workers' compensation judge, water court judges, and judges pro tempore.
(b) "Peace officer" has the meaning provided in 45-2-101 and includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.
(4) Criminal endangerment, negligent endangerment, and assault, as defined in 45-5-201 , are not included as offenses of assault on a peace officer or judicial officer.