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 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. History: En. Sec. 1, Ch. 433, L. 1997; amd. Sec. 1, Ch. 436, L. 2021.
Montana Legal Code
§ 45-5-210
Source: https://mca.legmt.gov/bills/mca/title_0450/chapter_0050/part_0020/section_0100/0450-0050-0020-0100.html· Version 2025