reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 45. Crimes › Chapter 3. Justifiable Use of Force › Part 1. When Force Justified › 45-3-116. Use of force in defense of military equipment and information

45-3-116. Use of force in defense of military equipment and information.
(1) A member of the armed forces or a member of the national guard who is on official duty defending military equipment is privileged to use reasonable force as necessary, including deadly force, in accordance with published military regulations and doctrine regarding the use of force.
(2) The servicing staff judge advocate shall provide a briefing on the rules for the use of force to members of the armed forces and members of the national guard prior to defending military equipment. The failure of a member of the armed forces or a member of the national guard to receive a briefing on the rules for the use of force, through no fault of the individual member, does not preclude the individual member from asserting this privilege.
History: En. Sec. 2, Ch. 241, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 4. Inchoate Offenses › Part 1. Enumeration of Offenses and Extent of Liability › 45-4-101. Solicitation

45-4-101. Solicitation.
(1) A person commits the offense of solicitation when, with the purpose that an offense be committed, the person commands, encourages, or facilitates the commission of that offense.
(2) A person convicted of solicitation shall be punished not to exceed the maximum provided for the offense solicited.
History: En. 94-4-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-101; amd. Sec. 1651, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 4. Inchoate Offenses › Part 1. Enumeration of Offenses and Extent of Liability › 45-4-102. Conspiracy

45-4-102. Conspiracy.
(1) A person commits the offense of conspiracy when, with the purpose that an offense be committed, the person agrees with another to the commission of that offense. A person may not be convicted of conspiracy to commit an offense unless an act in furtherance of the agreement has been committed by the person or by a coconspirator.
(2) It is not a defense to conspiracy that the person or persons with whom the accused has conspired:
(a) has not been prosecuted or convicted;
(b) has been convicted of a different offense;
(c) is not amenable to justice;
(d) has been acquitted; or
(e) lacked the capacity to commit the offense.
(3) A person convicted of the offense of conspiracy shall be punished not to exceed the maximum sentence provided for the offense that is the object of the conspiracy.
History: En. 94-4-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-102; amd. Sec. 1652, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 4. Inchoate Offenses › Part 1. Enumeration of Offenses and Extent of Liability › 45-4-103. Attempt

45-4-103. Attempt.
(1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense.
(2) It is not a defense to a charge of attempt that because of a misapprehension of the circumstances, it would have been impossible for the accused to commit the offense attempted.
(3) A person convicted of the offense of attempt shall be punished not to exceed the maximum provided for the offense attempted.
(4) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of criminal purpose, the person avoided the commission of the offense attempted by abandoning the person's criminal effort.
(5) Proof of the completed offense does not bar conviction for the attempt.
History: En. 94-4-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-4-103; amd. Sec. 1653, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-101. Repealed

45-5-101. Repealed.
Sec. 11, Ch. 610, L. 1987.
History: En. 94-5-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-101.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-102. Deliberate homicide

45-5-102. Deliberate homicide.
(1) A person commits the offense of deliberate homicide if:
(a) the person purposely or knowingly causes the death of another human being;
(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being; or
(c) the person purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.
(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222.
History: En. 94-5-102 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 11, Ch. 338, L. 1977; amd. Sec. 4, Ch. 584, L. 1977; R.C.M. 1947, 94-5-102; amd. Sec. 1, Ch. 322, L. 1979; amd. Sec. 1, Ch. 322, L. 1987; amd. Sec. 4, Ch. 610, L. 1987; amd. Sec. 2, Ch. 482, L. 1995; amd. Sec. 3, Ch. 432, L. 1999; amd. Sec. 3, Ch. 523, L. 1999; amd. Sec. 1, Ch. 271, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-103. Mitigated deliberate homicide

45-5-103. Mitigated deliberate homicide.
(1) A person commits the offense of mitigated deliberate homicide when the person purposely or knowingly causes the death of another human being or purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant but does so under the influence of extreme mental or emotional stress for which there is reasonable explanation or excuse. The reasonableness of the explanation or excuse must be determined from the viewpoint of a reasonable person in the actor's situation.
(2) Mitigated deliberate homicide is a lesser included offense of deliberate homicide as defined in 45-5-102(1)(a), but is not a lesser included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) Mitigating circumstances that reduce deliberate homicide to mitigated deliberate homicide are not an element of the reduced crime that the state is required to prove or an affirmative defense that the defendant is required to prove. Neither party has the burden of proof as to mitigating circumstances, but either party may present evidence of mitigation.
(4) A person convicted of mitigated deliberate homicide shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
History: En. 94-5-103 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 5, Ch. 584, L. 1977; R.C.M. 1947, 94-5-103; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 5, Ch. 610, L. 1987; amd. Sec. 3, Ch. 482, L. 1995; amd. Sec. 1, Ch. 22, L. 2003; amd. Sec. 2, Ch. 271, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-104. Negligent homicide

45-5-104. Negligent homicide.
(1) A person commits the offense of negligent homicide if the person negligently causes the death of another human being.
(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
History: En. 94-5-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-104; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 6, Ch. 610, L. 1987; amd. Sec. 1, Ch. 381, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-105. Aiding or soliciting suicide

45-5-105. Aiding or soliciting suicide.
(1) A person who purposely aids or solicits another to commit suicide, but such suicide does not occur, commits the offense of aiding or soliciting suicide.
(2) A person convicted of the offense of aiding or soliciting a suicide shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
History: En. 94-5-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-106; amd. Sec. 7, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-106. Vehicular homicide while under influence

45-5-106. Vehicular homicide while under influence.
(1) A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002.
(2) Vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102(1)(b).
(3) A person convicted of vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred.
History: En. Sec. 1, Ch. 426, L. 2005; amd. Sec. 2, Ch. 153, L. 2013; amd. Sec. 20, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-111. Extrajudicial confession -- evidence of death

45-5-111. Extrajudicial confession -- evidence of death.
In a homicide trial, before an extrajudicial confession may be admitted into evidence, the state must introduce independent evidence tending to establish the death and the fact that the death was caused by a criminal agency.
History: En. 95-3004 by Sec. 12, Ch. 513, L. 1973; amd. Sec. 49, Ch. 184, L. 1977; R.C.M. 1947, 95-3004; MCA 1981, 46-16-203(1); redes. 45-5-111 by Code Commissioner, 1983.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-112. Inference of mental state

45-5-112. Inference of mental state.
In a deliberate homicide, knowledge or purpose may be inferred from the fact that the accused committed a homicide and no circumstances of mitigation, excuse, or justification appear.
History: En. 95-3004 by Sec. 12, Ch. 513, L. 1973; amd. Sec. 49, Ch. 184, L. 1977; R.C.M. 1947, 95-3004; MCA 1981, 46-16-203(2); redes. 45-5-112 by Code Commissioner, 1983.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 1. Homicide › 45-5-116. Harm to fetus of another -- exceptions

45-5-116. Harm to fetus of another -- exceptions.
(1) A prosecution for a violation of 45-5-102 or 45-5-103 with regard to the death of a fetus of another may not be brought against:
(a) a person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which the consent is implied by law;
(b) a person for any medical treatment of the pregnant woman or her fetus; or
(c) a woman with respect to her fetus.
(2) A prosecution for or conviction of an offense under 45-5-102 or 45-5-103 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
(3) As used in 45-5-102, 45-5-103, and this section, "fetus" means an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman's body.
History: En. Secs. 3 thru 5, Ch. 271, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-201. Assault

45-5-201. Assault.
(1) A person commits the offense of assault if the person:
(a) purposely or knowingly causes bodily injury to another;
(b) negligently causes bodily injury to another with a weapon;
(c) purposely or knowingly makes physical contact of an insulting or provoking nature with any individual;
(d) purposely or knowingly causes reasonable apprehension of bodily injury in another; or
(e) purposely or knowingly provides an individual with rohypnol, flunitrazolam, or gamma-hydroxybutyrate without the individual's consent.
(2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 94-5-201 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-201; amd. Sec. 1, Ch. 261, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 188, L. 1991; amd. Sec. 4, Ch. 432, L. 1999; amd. Sec. 1, Ch. 268, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-202. Aggravated assault

45-5-202. Aggravated assault.
(1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another or purposely or knowingly, with the use of physical force or contact, causes reasonable apprehension of serious bodily injury or death in another.
(2) A person convicted of aggravated assault shall be imprisoned in the state prison for a term not to exceed 20 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
History: En. 94-5-202 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 6, Ch. 584, L. 1977; R.C.M. 1947, 94-5-202; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 289, L. 1981; amd. Sec. 1, Ch. 163, L. 1985; amd. Sec. 4, Ch. 482, L. 1995; amd. Sec. 1, Ch. 245, L. 1997; amd. Sec. 2, Ch. 433, L. 1997; amd. Sec. 6, Ch. 432, L. 1999; amd. Sec. 1, Ch. 472, L. 2007.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-203. Intimidation

45-5-203. Intimidation.
(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts:
(a) inflict physical harm on the person threatened or any other person;
(b) subject any person to physical confinement or restraint; or
(c) commit any felony.
(2) A person commits the offense of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property.
(3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
History: En. 94-5-203 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-203; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 268, L. 1985; amd. Sec. 1654, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-204. Mistreating prisoners

45-5-204. Mistreating prisoners.
(1) A person commits the offense of mistreating prisoners if, being responsible for the care or custody of a prisoner, the person purposely or knowingly:
(a) assaults or otherwise injures a prisoner;
(b) intimidates, threatens, endangers, or withholds reasonable necessities from the prisoner with the purpose to obtain a confession from the prisoner or for any other purpose; or
(c) violates any civil right of a prisoner.
(2) A person convicted of the offense of mistreating prisoners shall be removed from office or employment and shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
History: En. 94-8-113 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-113; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1655, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-205. Negligent vehicular assault -- penalty

45-5-205. Negligent vehicular assault -- penalty.
(1) A person who negligently operates a vehicle, other than a bicycle as defined in 61-8-102, while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-1002, and who causes bodily injury to another commits the offense of negligent vehicular assault.
(2) Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or incarcerated in a county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241.
(3) A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or incarcerated for a term not to exceed 10 years, or both, and shall be ordered to pay restitution as provided in 46-18-241.
(4) If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
History: En. Sec. 1, Ch. 93, L. 1985; amd. Sec. 1, Ch. 196, L. 1987; amd. Sec. 14, Ch. 789, L. 1991; amd. Sec. 1, Ch. 317, L. 1997; amd. Sec. 1, Ch. 17, L. 2001; amd. Sec. 1, Ch. 563, L. 2001; amd. Sec. 40, Ch. 542, L. 2005; amd. Sec. 21, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-207. Criminal endangerment -- penalty

45-5-207. Criminal endangerment -- penalty.
(1) A person who knowingly engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of criminal endangerment. This conduct includes but is not limited to knowingly placing in a tree, log, or any other wood any steel, iron, ceramic, or other substance for the purpose of damaging a saw or other wood harvesting, processing, or manufacturing equipment.
(2) A high blood alcohol concentration, alone is not sufficient to support a criminal endangerment charge.
(3) A person convicted of the offense of criminal endangerment shall be fined an amount not to exceed $50,000 or imprisoned in the state prison for a term not to exceed 10 years, or both.
(4) As used in this section, "alcohol concentration" has the meaning provided in 61-8-1001.
History: En. Sec. 2, Ch. 196, L. 1987; amd. Sec. 1, Ch. 299, L. 1989; amd. Sec. 4, Ch. 321, L. 2017; amd. Sec. 22, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-208. Negligent endangerment -- penalty

45-5-208. Negligent endangerment -- penalty.
(1) A person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of negligent endangerment.
(2) A person convicted of the offense of negligent endangerment shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 1 year, or both.
History: En. Sec. 3, Ch. 196, L. 1987.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-210. Assault on peace officer or judicial officer

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.
History: En. Sec. 1, Ch. 433, L. 1997; amd. Sec. 1, Ch. 436, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-211. Assault upon sports official

45-5-211. Assault upon sports official.
(1) A person commits the offense of assault upon a sports official if, while a sports official is acting as an official at an athletic contest in any sport at any level of amateur or professional competition, the person:
(a) purposely or knowingly causes bodily injury to the sports official;
(b) negligently causes bodily injury to the sports official with a weapon;
(c) purposely or knowingly makes physical contact of an insulting or provoking nature with the sports official; or
(d) purposely or knowingly causes reasonable apprehension of bodily injury in the sports official.
(2) A person convicted of assault upon a sports official shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. Sec. 1, Ch. 408, L. 1993.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-212. Assault on minor

45-5-212. Assault on minor.
(1) A person commits the offense of assault on a minor if the person commits an offense under 45-5-201, and at the time of the offense, the victim is under 14 years of age and the offender is 18 years of age or older.
(2) (a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of assault on a minor shall be imprisoned in a state prison for a term not to exceed 5 years or be fined not more than $50,000, or both.
(b) If at the time of the offense the victim is under 36 months of age, a person convicted of assault on a minor:
(i) for a first offense under this subsection (2)(b) shall be imprisoned in a state prison for a term not to exceed 10 years or be fined not more than $50,000, or both; or
(ii) for a second or subsequent offense under this subsection (2)(b) shall be imprisoned in a state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.
(c) If at the time of the offense the victim is under 36 months of age, a person convicted of assault on a minor that resulted in serious bodily injury to the victim:
(i) for a first offense under this subsection (2)(c) shall be imprisoned in a state prison for a term not to exceed 20 years or be fined not more than $50,000, or both; or
(ii) for a second or subsequent offense under this subsection (2)(c) shall be imprisoned in a state prison for a term not to exceed 40 years or be fined not more than $50,000, or both.
(3) An offender convicted of an offense under subsection (2)(b) or (2)(c) shall pay for and complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency and complete all recommendations for counseling, referrals, attendance at psychoeducational groups, or treatment, including any indicated chemical dependency treatment, made by the counseling provider. The counseling provider must be approved by the court and be a person licensed under Title 37, chapter 17, 22, or 23, or a professional person as defined in 53-21-102. The offender shall complete a minimum of 40 hours of counseling.
History: En. Sec. 5, Ch. 432, L. 1999; amd. Sec. 1, Ch. 378, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-213. Assault with weapon

45-5-213. Assault with weapon.
(1) A person commits the offense of assault with a weapon if the person purposely or knowingly causes:
(a) bodily injury to another with a weapon; or
(b) reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.
(2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.
(b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).
History: En. Sec. 7, Ch. 432, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-214. Assault with bodily fluid

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.
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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-215. Strangulation of partner or family member

45-5-215. Strangulation of partner or family member.
(1) A person commits the offense of strangulation of a partner or family member if the person purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by:
(a) applying pressure on the throat or neck of the partner or family member; or
(b) blocking air flow to the nose and mouth of the partner or family member.
(2) (a) A person convicted of a first offense of strangulation of a partner or family member shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.
(b) A person convicted of a second or subsequent offense under this section shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined an amount not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(3) A person convicted of strangulation of a partner or family member is required to pay for and complete a counseling assessment as required in 45-5-206(4).
(4) For the purposes of this section, "partner" and "family member" have the meanings provided in 45-5-206.
History: En. Sec. 1, Ch. 394, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty

45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty.
(1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities, the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:
(a) causes bodily injury to another;
(b) causes reasonable apprehension of bodily injury in another; or
(c) damages, destroys, or defaces any property of another or any public property.
(2) For purposes of this section, "deface" includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without the other person's permission.
(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.
History: En. Secs. 1, 2, Ch. 570, L. 1989; amd. Sec. 1656, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-222. Sentence enhancement -- offenses committed because of victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities

45-5-222. Sentence enhancement -- offenses committed because of victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities.
(1) A person who has pleaded guilty or nolo contendere to or who has been found guilty of any offense, except malicious intimidation or harassment, that was committed because of the victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities or that involved damage, destruction, or attempted destruction of a building regularly used for religious worship, in addition to the punishment provided for commission of the offense, may, if the provisions of 46-1-401 have been complied with, be sentenced to a term of imprisonment of not less than 2 years or more than 10 years, except as provided in 46-18-222.
(2) An additional sentence prescribed by subsection (1) must run consecutively to the sentence, except as provided in 46-18-222.
History: En. Sec. 3, Ch. 570, L. 1989; amd. Sec. 3, Ch. 395, L. 1999; amd. Sec. 2, Ch. 524, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-223. Surreptitious visual observation or recordation -- place of residence -- public place -- exceptions

45-5-223. Surreptitious visual observation or recordation -- place of residence -- public place -- exceptions.
(1) A person commits the offense of surreptitious visual observation or recordation in a place of residence if the person purposely or knowingly hides, waits, or otherwise loiters in person or by means of a remote electronic device within or in the vicinity of a private dwelling house, apartment, or other place of residence for the purpose of:
(a) watching, gazing at, or looking upon any occupant in the residence in a surreptitious manner without the occupant's knowledge; or
(b) by means of an electronic device, surreptitiously observing or recording the visual image of any occupant in the residence without the occupant's knowledge.
(2) A person commits the offense of surreptitious visual observation or recordation in public if the person purposely or knowingly observes or records a visual image of the sexual or intimate parts of another person in a public place without the other person's knowledge when the victim has a reasonable expectation of privacy.
(3) Subsections (1) and (2) do not apply to a law enforcement officer, an agent or employee of an insurer, or a private investigator licensed pursuant to 37-60-301 or to any person engaged in fraud detection, prevention, or prosecution pursuant to 2-15-2015 or 39-71-211 while the officer, agent, employee, or private investigator is acting in the course and scope of employment for legitimate investigative purposes.
(4) A person convicted of an offense under subsection (1) or (2) shall be fined an amount not to exceed $500 or be incarcerated in the county jail for a term not to exceed 6 months, or both. Upon a second conviction, a person shall be fined an amount not to exceed $1,000 or be incarcerated for a term not to exceed 1 year, or both. Upon a third or subsequent conviction, a person shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 5 years, or both.
History: En. Sec. 1, Ch. 62, L. 1997; amd. Sec. 3, Ch. 303, L. 1997; amd. Sec. 1, Ch. 75, L. 2015.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-231. Definitions

45-5-231. Definitions.
As used in 45-5-231 through 45-5-234, unless the context requires otherwise, the following definitions apply:
(1) "Assault on a partner or family member" has the meaning provided in 45-5-206 for partner or family member assault.
(2) "Chemical dependency treatment" means required counseling and treatment related to chemical dependency issues.
(3) "Counseling" means clinical professional counseling as defined in 37-39-102 and includes group counseling for the purposes of 45-5-231 through 45-5-234.
(4) "Investigative criminal justice report" means the investigative report prepared by a law enforcement agency associated with an offender's arrest for an assault on a partner or family member, excluding any confidential information relating to the victim's location and confidential information not related to the offense.
(5) "Offender" means a person convicted of an assault on a partner or family member.
(6) "Offender intervention program" means the combination of counseling and other services that is organized in a judicial district to provide a preliminary assessment for counseling and other services that are required for an offender.
(7) "Preliminary assessment for counseling" means the counseling assessment completed by a counselor to determine an offender's need for counseling, attendance at psychoeducational groups, and referrals for other treatment. This assessment must be completed either before or within 4 weeks after counseling and psychoeducational groups are started.
(8) "Psychoeducational group" means a group discussion, with instructional content themes, that encourages sharing and feedback, increases self-awareness, and is aimed at facilitating change in group members' daily lives.
(9) "Recreational intoxicant" means a substance, drug, or other chemical that was taken for the purpose of causing a person to be in a different emotional or psychological state and was not taken for a medically recognized therapeutic purpose.
(10) "Victim" means a person against whom the offender committed an assault.
History: En. Sec. 1, Ch. 503, L. 2001; amd. Sec. 23, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-232. Offender intervention counseling referral

45-5-232. Offender intervention counseling referral.
(1) The court shall notify the offender intervention program of the court's sentence and the court's judgment ordering the offender to complete a preliminary assessment and all recommended counseling, referrals, and attendance at psychoeducational groups, as well as other recommended treatment, including chemical dependency treatment.
(2) A copy of the investigative criminal justice report related to the offense charged must be sent to the offender intervention program to assist counselors in completing the offender's assessment, counseling, referrals, and psychoeducational group counseling. Before the report is sent, information in the report that relates to the victim's location or does not relate to the charged offense must be deleted.
(3) The referral of the offender's investigative report to the offender intervention program does not violate the confidentiality provisions under Title 44, chapter 5. The court shall adopt and the offender intervention program must include confidentiality procedures to protect the privacy rights of the victim and offender.
History: En. Sec. 2, Ch. 503, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-233. Report to court or probation officer

45-5-233. Report to court or probation officer.
(1) The head of the offender intervention program shall report to the court and the offender's probation officer. The report does not breach confidentiality.
(2) The head of the offender intervention program shall report to the court or the offender's probation officer, if the offender is assigned a probation officer, when:
(a) the offender has started the program;
(b) the offender has completed the assessment and the program has established recommendations for counseling, referrals, and attendance at psychoeducational groups, as well as other recommended treatment, including chemical dependency treatment;
(c) the offender has violated the offender intervention program rules related to attendance, the use of violence, and the use of recreational intoxicants; and
(d) the offender has completed the program.
History: En. Sec. 3, Ch. 503, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 2. Assault and Related Offenses › 45-5-234. Offender intervention counseling confidentiality

45-5-234. Offender intervention counseling confidentiality.
(1) Offender intervention programs must have policies and procedures to protect the confidentiality of the offender and the victim. The investigative criminal justice report may be used within the offender intervention counseling sessions and psychoeducational groups after precautions are taken to protect confidentiality.
(2) The counselor may contact the victim of the assault. The counselor may notify the victim that the offender intervention program is not a guarantee that the offender will not be violent. The victim may be asked to provide information about the most recent offense, the offender's history of violence, the offender's use of recreational intoxicants, the offender's use of power and control over the victim, and whether the offender has committed another offense. All precautions must be taken to prevent this contact from increasing the victim's danger.
(3) The counselor shall, when possible, warn the victim if the offender exhibits behavior or makes statements in a group meeting that indicate imminent danger to the victim. If the counselor is unable to tell the victim this information, information about these high-risk behaviors must be given to the local victim advocacy agency. This contact does not violate the offender's right to confidentiality.
History: En. Sec. 4, Ch. 503, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 3. Kidnapping › 45-5-301. Unlawful restraint

45-5-301. Unlawful restraint.
(1) A person commits the offense of unlawful restraint if the person knowingly or purposely and without lawful authority restrains another so as to interfere substantially with the other person's liberty.
(2) A person convicted of the offense of unlawful restraint shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 94-5-301 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-301; amd. Sec. 1657, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 3. Kidnapping › 45-5-302. Kidnapping

45-5-302. Kidnapping.
(1) A person commits the offense of kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force.
(2) A person convicted of the offense of kidnapping 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 not more than $50,000, except as provided in 46-18-219 and 46-18-222.
History: En. 94-5-302 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 7, Ch. 584, L. 1977; R.C.M. 1947, 94-5-302; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 5, Ch. 482, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 3. Kidnapping › 45-5-303. Aggravated kidnapping

45-5-303. Aggravated kidnapping.
(1) A person commits the offense of aggravated kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force, with any of the following purposes:
(a) to hold for ransom or reward or as a shield or hostage;
(b) to facilitate commission of any felony or flight thereafter;
(c) to inflict bodily injury on or to terrorize the victim or another;
(d) to interfere with the performance of any governmental or political function; or
(e) to hold another in a condition of involuntary servitude.
(2) Except as provided in 46-18-219 and 46-18-222, a person convicted of the offense of aggravated kidnapping shall be punished by death or life imprisonment as provided in 46-18-301 through 46-18-310 or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, unless the person has voluntarily released the victim alive, in a safe place, and with no serious bodily injury, in which event the person 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 not more than $50,000.
History: En. 94-5-303 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 12, Ch. 338, L. 1977; amd. Sec. 8, Ch. 584, L. 1977; R.C.M. 1947, 94-5-303; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 6, Ch. 482, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 3. Kidnapping › 45-5-304. Custodial interference

45-5-304. Custodial interference.
(1) A person commits the offense of custodial interference if, knowing that the person has no legal right to do so, the person takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution.
(2) A person convicted of the offense of custodial interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
(3) With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child, incompetent person, or other person to lawful custody before arraignment. With respect to the first alleged commission of the offense only, a person who has left the state does not commit an offense under this section if the person voluntarily returns the child, incompetent person, or other person to lawful custody before arrest.
History: En. 94-5-305 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-305; amd. Sec. 1, Ch. 274, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 518, L. 1987; amd. Sec. 4, Ch. 467, L. 1995; amd. Sec. 34, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 3. Kidnapping › 45-5-305. Repealed

45-5-305. Repealed.
Sec. 28, Ch. 285, L. 2015.
History: En. Sec. 1, Ch. 147, L. 2007; amd. Sec. 1, Ch. 374, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 3. Kidnapping › 45-5-306. Repealed

45-5-306. Repealed.
Sec. 28, Ch. 285, L. 2015.
History: En. Sec. 2, Ch. 147, L. 2007; amd. Sec. 2, Ch. 374, L. 2013.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 4. Robbery › 45-5-401. Robbery

45-5-401. Robbery.
(1) A person commits the offense of robbery if in the course of committing a theft, the person:
(a) inflicts bodily injury upon another;
(b) threatens to inflict bodily injury upon any person or purposely or knowingly puts any person in fear of immediate bodily injury; or
(c) commits or threatens immediately to commit any felony other than theft.
(2) A person convicted of the offense of robbery shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(3) "In the course of committing a theft", as used in this section, includes acts that occur in an attempt to commit or in the commission of theft or in flight after the attempt or commission.
History: En. 94-5-401 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 9, Ch. 584, L. 1977; R.C.M. 1947, 94-5-401; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 7, Ch. 482, L. 1995.