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

Mont. Code Ann. § 45-3-108 (2026)

Use Of Force In Resisting Arrest

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 3
  4. Part 1
  5. 45-3-108 Use of force in resisting arrest

TITLE 45. CRIMES

CHAPTER 3. JUSTIFIABLE USE OF FORCE

Part 1. When Force Justified

Use Of Force In Resisting Arrest

45-3-108. Use of force in resisting arrest. A person is not authorized to use force to resist an arrest that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful and the arrest in fact is unlawful.

History: En. 94-3-108 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-108; amd. Sec. 1649, Ch. 56, L. 2009.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1983–2025 · leading case: State v. Courville, 2002 MT 330 (Mont. 2002).
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State v. Courville, 2002 MT 330 (Mont. 2002). · cites it 48× “The parties also agree that Instruction 22 is a proper paraphrase of § 45-3-108, MCA, which prohibits the use of force to resist arrest.”
Glenn v. State, 849 S.E.2d 409 (Ga. 2020). · cites it 2× “§ 21 - 5229; Mont. Code Ann. § 45-3-108 ; N.H. Rev. Stat.”
State v. Wiegmann, 714 A.2d 841 (Md. 1998). · cites it 2× “§ 97-9-73 (1994); Mont.Code Ann. § 45-3-108 (1997); Neb.Rev.”
State v. Valentine, 935 P.2d 1294 (Wash. 1997). “12 (West 1994); Mont. Code Ann. § 45-3-108 (1995); Neb. Rev.”
Commonwealth v. Moreira, 447 N.E.2d 1224 (Mass. 1983). “12 (1980); Mont. Code Ann. § 45-3-108 (1981); Neb. Rev.”
Brown v. City of Oklahoma City, 721 P.2d 1346 (Okla. Civ. App. 1986). · cites it 2× “12 (1980); Mont.Code Ann. § 45-3-108 (1981); Neb.Rev.”
State v. J. Howard, 2021 MT 230 (Mont. 2021). · cites it 2× “This language reinforces § 45-3-108, MCA, which prohibits the use of force to resist an arrest “that the person knows is being made .”
State v. Laughlin, 933 P.2d 813 (Mont. 1997). · cites it 3× “Section 45-3-108, MCA, provides: [a] person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if he believes that the arrest is…”
Glover v. State, 594 A.2d 1224 (Md. Ct. Spec. App. 1991). “12 (1980) (common law holding codified); Mont.Code Ann. § 45-3-108 (1981); Neb.Rev.”
State v. P. Gysler, 2025 MT 106 (Mont. 2025). · cites it 4× “Did the District Court err in instructing the jury on resisting arrest when Gysler was not charged with that offense? ¶44 In the alternative, Gysler argues that he is entitled to a new trial because the District Court erred in instructing the jury in accordance with § 45-3-108,…”
State v. P. Gysler, 2025 MT 106 (Mont. 2025). · cites it 4× “Did the District Court err in instructing the jury on resisting arrest when Gysler was not charged with that offense? ¶44 In the alternative, Gysler argues that he is entitled to a new trial because the District Court erred in instructing the jury in accordance with § 45-3-108,…”
State v. Valentine, 935 P.2d 1294 (Wash. 1997). “Stat. § 53a-23 (1985); Del.Code Ann. tit. 11, § 464(d) (1995); Fla.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.