Montana § 45-5-214 Assault With Bodily Fluid

Montana Statutes

§ 45-5-214 — Assault With Bodily Fluid

Montana § 45-5-214

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 2Assault and Related Offenses

This text of Montana § 45-5-214 (Assault With Bodily Fluid) 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. § 45-5-214 (2026).

Text

45-5-214 . Assault with bodily fluid.

(1)A person commits the offense of assault with a bodily fluid if the person purposely causes one of the person's bodily fluids to make physical contact with:

(a)a law enforcement officer, a staff person of a correctional or detention facility, or a health care provider, as defined in 50-4-504 , including a health care provider performing emergency services, while the health care provider is acting in the course and scope of the health care provider's profession and occupation:

(i)during or after an arrest for a criminal offense;

(ii)while the person is incarcerated in or being transported to or from a state prison, a county, city, or regional jail or detention facility, or a health care facility; or

(iii)if the person is a minor, while the youth

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45-5-214 . Assault with bodily fluid. (1) A person commits the offense of assault with a bodily fluid if the person purposely causes one of the person's bodily fluids to make physical contact with:
(a) a law enforcement officer, a staff person of a correctional or detention facility, or a health care provider, as defined in 50-4-504 , including a health care provider performing emergency services, while the health care provider is acting in the course and scope of the health care provider's profession and occupation:
(i) during or after an arrest for a criminal offense;
(ii) while the person is incarcerated in or being transported to or from a state prison, a county, city, or regional jail or detention facility, or a health care facility; or
(iii) if the person is a minor, while the youth is detained in or being transported to or from a county, city, or regional jail or detention facility or a youth detention facility, secure detention facility, regional detention facility, short-term detention center, correctional facility as defined in 41-5-103 , health care facility, or shelter care facility; or
(b) an emergency responder.
(2) A person convicted of the offense of assault with a bodily fluid shall be fined an amount not to exceed $1,000 or incarcerated in a county jail or a state prison for a term not to exceed 1 year, or both.
(3) The youth court has jurisdiction of any violation of this section by a minor.
(4) As used in this section, the following definitions apply:
(a) "Bodily fluid" means any bodily secretion, including but not limited to feces, urine, blood, and saliva.
(b) "Emergency responder" means a licensed medical services provider, law enforcement officer, firefighter, volunteer firefighter or officer of a nonprofit volunteer fire company, emergency care provider, emergency nurse, ambulance operator, provider of civil defense services, or any other person who in good faith renders emergency care or assistance at a crime scene or the scene of an emergency or accident.

Legislative History

En. Sec. 1, Ch. 388, L. 1999; amd. Sec. 1, Ch. 292, L. 2005; amd. Sec. 5, Ch. 321, L. 2017; amd. Sec. 12, Ch. 220, L. 2019; amd. Sec. 21, Ch. 339, L. 2021.