Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 3. JUSTIFIABLE USE OF FORCE · Part 1. When Force Justified
Montana Code Annotated

Mont. Code Ann. § 45-3-107 (2026)

Use Of Force By Parent, Guardian, Or Teacher

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 3
  4. Part 1
  5. 45-3-107 Use of force by parent, guardian, or teacher

TITLE 45. CRIMES

CHAPTER 3. JUSTIFIABLE USE OF FORCE

Part 1. When Force Justified

Use Of Force By Parent, Guardian, Or Teacher

45-3-107. Use of force by parent, guardian, or teacher. A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil.

History: En. 94-3-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-107; amd. Sec. 1648, Ch. 56, L. 2009.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1986–2024 · leading case: Willis v. State, 888 N.E.2d 177 (Ind. 2008).
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Willis v. State, 888 N.E.2d 177 (Ind. 2008). · cites it 2× “061 (1) (1999); Mont.Code Ann. § 45-3-107 (2007); Neb. Rev.”
State v. Denise L. Fender, 2007 MT 268 (Mont. 2007). · cites it 2× “The morning of the trial, the prosecutor made a motion in limine to preclude Fender from offering jury instructions on the defense of parental discipline permitted under § 45-3-107, MCA, because her counsel did not file the notice of this affirmative defense as required by §…”
State v. Probert, 719 P.2d 783 (Mont. 1986). · cites it 3× “” The other pertinent statute is Section 45-3-107, MCA, which states: “A parent.”
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015). “06 (permitting “reasonable force”); Mont. Code Ann. § 45-3-107 (permitting “the use of force that is reasonable and necessary to restrain or correct the person’s child, ward, apprentice, or pupil”); Okla.”
State v. F. Reinke, 2024 MT 299N (Mont. 2024). “Reinke argues the District Court should have considered the reasonableness of what he terms to be his parental discipline of R.”
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