Montana Code 45-7-301. Resisting arrest
45-7-301. Resisting arrest. (1) A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:
Terms Used In Montana Code 45-7-301
- Arrest: Taking physical custody of a person by lawful authority.
- 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
(a)using or threatening to use physical force or violence against the peace officer or another; or
(b)using any other means that creates a risk of causing physical injury to the peace officer or another.
(2)It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer’s official authority.
(3)A person convicted of the offense of resisting arrest shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.