Montana Code 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:
Terms Used In Montana Code 45-5-210
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.