Montana § 45-5-214 Assault With Bodily Fluid

Montana Statutes

§ 45-5-214 — Assault With Bodily Fluid

Montana·Title 45 CRIMES·Ch. 5 OFFENSES AGAINST THE PERSON·Part 2 Assault and Related Offenses

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

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Montana § 45-5-214 (Assault With Bodily Fluid) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.