Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 5. OFFENSES AGAINST THE PERSON · Part 2. Assault and Related Offenses
Montana Code Annotated

Mont. Code Ann. § 45-5-201 (2026)

Assault

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 2
  5. 45-5-201 Assault

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 2. Assault and Related Offenses

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.

Notes of Decisions
Cited in 110 cases (13 in the last 5 years), 1979–2025 · leading case: Porter v. State, 2002 MT 319 (Mont. 2002).
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Porter v. State, 2002 MT 319 (Mont. 2002). · cites it 12× “¶ 1 Appellant Steven Porter was convicted of criminal endangerment, a felony, in violation of § 45-5-207, MCA (1997), negligent endangerment, a misdemeanor, in violation of § 45-5-208, MCA (1997), and misdemeanor assault, in violation of § 45-5-201(1), MCA (1997), in the…”
State v. Cameron, 2005 MT 32 (Mont. 2005). · cites it 12× “He offers that misdemeanor assault, as defined both by subsection (a) and subsection (c) of § 45-5-201, MCA, 1 constitutes a lesser offense included within sexual assault, a felony, as that offense *56 is defined by § 45-5-502, MCA.”
State v. Pierce, 647 P.2d 847 (Mont. 1982). · cites it 18× “The jury found defendant knowingly caused serious bodily injury to one victim, but as to the less seriously injured victims, the jury found defendant acted negligently and therefore convicted defendant of misdemeanor assault under § 45-5-201 (l)(b), MCA. However, we do not agree…”
State v. Wells, 658 P.2d 381 (Mont. 1983). · cites it 12× “The felony assault statute (section 45-5-202, MCA, aggravated assault) and the misdemeanor *393 assault statute (section 45-5-201, MCA, assault) are primarily directed at conduct resulting in an actual battery.”
State v. Ottwell, 779 P.2d 500 (Mont. 1989). · cites it 11× “Ottwell fails to acknowledge the difference in proof between the misdemeanor assault statute, § 45-5-201, MCA, and the felony assault statute, § 45-5-202, MCA.”
State v. Mummey, 871 P.2d 868 (Mont. 1994). · cites it 10× “re, but just as importantly, Montana's felony assault statute provides no notice to anyone that an article of clothing as apparently harmless as a tennis shoe, when involved in what would appear to be a simple misdemeanor assault, would increase the gravity of the offense from…”
State v. Castle, 948 P.2d 688 (Mont. 1997). · cites it 8× “" Section 45-5-201(1)(a), MCA. The only difference between the two is that a "less serious injury .”
State v. McCaslin, 2004 MT 212 (Mont. 2004). · cites it 4× “¶1 Clay Elwood McCaslin (McCaslin), appeals from his conviction of Aggravated Assault, a felony in violation of § 45-5-202, MCA; Assault, a misdemeanor in violation of § 45-5-201, MCA; and Assault with a Weapon, a felony in violation of § 45-5-213, MCA, following a jury trial in…”
State v. Trimmer, 694 P.2d 490 (Mont. 1985). · cites it 14× “The trial court sentenced defendant to the maximum 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (§ 45-5-201, MCA). The court then invoked *491 the sentence enhancement statute, § 46-18-221, MCA, held that its application was mandatory…”
State v. Mason, 2003 MT 371 (Mont. 2003). · cites it 4× “during the time the child resided with him, including two counts of assault, felonies in violation of § 45-5-201(1)(a), MCA (1997), and two counts of felony incest, in violation of § 45-5-507(1), MCA (1997).”
State v. Guillaume, 1999 MT 29 (Mont. 1999). · cites it 4× “See Section 45-5-201(1)(d) and (2), MCA ("A person commits the offense of assault if he .”
State v. Walsh, 931 P.2d 42 (Mont. 1997). · cites it 16× “Section 45-5-201, MCA, provides, in relevant part, that: (1) A person commits the offense of assault if he: .”
Show all 110 citing cases →
— Mont. Code Ann. § 45-5-201(1) — 6 cases
Porter v. State, 2002 MT 319 (Mont. 2002). “¶ 1 Appellant Steven Porter was convicted of criminal endangerment, a felony, in violation of § 45-5-207, MCA (1997), negligent endangerment, a misdemeanor, in violation of § 45-5-208, MCA (1997), and misdemeanor assault, in violation of § 45-5-201(1), MCA (1997), in the…”
State v. Flores, 1998 MT 328 (Mont. 1998).
State v. Renee, 1999 MT 135 (Mont. 1999).
State v. Ottwell, 779 P.2d 500 (Mont. 1989). “Ottwell fails to acknowledge the difference in proof between the misdemeanor assault statute, § 45-5-201, MCA, and the felony assault statute, § 45-5-202, MCA.”
State v. McDonald, 734 P.2d 1216 (Mont. 1987).
— Mont. Code Ann. § 45-5-201(1)(a) — 19 cases
State v. Castle, 948 P.2d 688 (Mont. 1997). “" Section 45-5-201(1)(a), MCA. The only difference between the two is that a "less serious injury .”
State v. Wells, 658 P.2d 381 (Mont. 1983). “The felony assault statute (section 45-5-202, MCA, aggravated assault) and the misdemeanor *393 assault statute (section 45-5-201, MCA, assault) are primarily directed at conduct resulting in an actual battery.”
State v. Daniels, 2017 MT 163 (Mont. 2017).
State v. Hammer, 759 P.2d 979 (Mont. 1988).
State v. Schmidt, 2009 MT 450 (Mont. 2009).
— Mont. Code Ann. § 45-5-201(1)(b) — 3 cases
State v. Pierce, 647 P.2d 847 (Mont. 1982). “The jury found defendant knowingly caused serious bodily injury to one victim, but as to the less seriously injured victims, the jury found defendant acted negligently and therefore convicted defendant of misdemeanor assault under § 45-5-201 (l)(b), MCA. However, we do not agree…”
State v. Trimmer, 694 P.2d 490 (Mont. 1985). “The trial court sentenced defendant to the maximum 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (§ 45-5-201, MCA). The court then invoked *491 the sentence enhancement statute, § 46-18-221, MCA, held that its application was mandatory…”
State v. Pierce, 647 P.2d 847 (Mont. 1982).
— Mont. Code Ann. § 45-5-201(1)(c) — 3 cases
State v. Gerstner, 2009 MT 303 (Mont. 2009).
State v. Yarns, 826 P.2d 543 (Mont. 1992).
State v. Taylor, 2000 MT 90N (Mont. 2000).
— Mont. Code Ann. § 45-5-201(1)(d) — 12 cases
State v. Guillaume, 1999 MT 29 (Mont. 1999). “See Section 45-5-201(1)(d) and (2), MCA ("A person commits the offense of assault if he .”
State v. Zabawa, 928 P.2d 151 (Mont. 1996).
State v. Ottwell, 779 P.2d 500 (Mont. 1989). “Ottwell fails to acknowledge the difference in proof between the misdemeanor assault statute, § 45-5-201, MCA, and the felony assault statute, § 45-5-202, MCA.”
State v. Weaver, 917 P.2d 437 (Mont. 1996).
State v. Trangsrud, 651 P.2d 37 (Mont. 1982).
— Mont. Code Ann. § 45-5-201(2) — 8 cases
State v. Burkhart, 2004 MT 372 (Mont. 2004).
State v. Trimmer, 694 P.2d 490 (Mont. 1985). “The trial court sentenced defendant to the maximum 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (§ 45-5-201, MCA). The court then invoked *491 the sentence enhancement statute, § 46-18-221, MCA, held that its application was mandatory…”
State v. Pierce, 647 P.2d 847 (Mont. 1982). “The jury found defendant knowingly caused serious bodily injury to one victim, but as to the less seriously injured victims, the jury found defendant acted negligently and therefore convicted defendant of misdemeanor assault under § 45-5-201 (l)(b), MCA. However, we do not agree…”
State v. Good, 2004 MT 296 (Mont. 2004).
State v. Daniels, 2017 MT 163 (Mont. 2017).
— Mont. Code Ann. § 45-5-201(3) — 3 cases
State v. Henrich, 886 P.2d 402 (Mont. 1994).
State v. Vallier, 2000 MT 225 (Mont. 2000).
R. Gillingham v. Salmonsen (Mont. 2021).
— Mont. Code Ann. § 45-5-201(a) — 2 cases
State v. Martel, 902 P.2d 14 (Mont. 1995).
State v. W. Rossbach, 2022 MT 2 (Mont. 2022).
— Mont. Code Ann. § 45-5-201(b) — 2 cases
State v. Rothacher, 901 P.2d 82 (Mont. 1995).
State v. Pierce, 647 P.2d 847 (Mont. 1982). “The jury found defendant knowingly caused serious bodily injury to one victim, but as to the less seriously injured victims, the jury found defendant acted negligently and therefore convicted defendant of misdemeanor assault under § 45-5-201 (l)(b), MCA. However, we do not agree…”
— Mont. Code Ann. § 45-5-201(d) — 1 case
City of Hamilton v. Mavros, 943 P.2d 963 (Mont. 1997).
— Mont. Code Ann. § 45-5-201(l)(a) — 8 cases
State v. Mason, 2003 MT 371 (Mont. 2003). “during the time the child resided with him, including two counts of assault, felonies in violation of § 45-5-201(1)(a), MCA (1997), and two counts of felony incest, in violation of § 45-5-507(1), MCA (1997).”
State v. Cameron, 2005 MT 32 (Mont. 2005). “He offers that misdemeanor assault, as defined both by subsection (a) and subsection (c) of § 45-5-201, MCA, 1 constitutes a lesser offense included within sexual assault, a felony, as that offense *56 is defined by § 45-5-502, MCA.”
State v. Oman, 707 P.2d 1117 (Mont. 1985).
State v. Mummey, 871 P.2d 868 (Mont. 1994). “re, but just as importantly, Montana's felony assault statute provides no notice to anyone that an article of clothing as apparently harmless as a tennis shoe, when involved in what would appear to be a simple misdemeanor assault, would increase the gravity of the offense from…”
State v. Henrich, 886 P.2d 402 (Mont. 1994).
— Mont. Code Ann. § 45-5-201(l)(c) — 4 cases
State v. Long, 726 P.2d 1364 (Mont. 1986).
State v. Cameron, 2005 MT 32 (Mont. 2005). “He offers that misdemeanor assault, as defined both by subsection (a) and subsection (c) of § 45-5-201, MCA, 1 constitutes a lesser offense included within sexual assault, a felony, as that offense *56 is defined by § 45-5-502, MCA.”
State v. Green, 685 P.2d 370 (Mont. 1984).
State v. Ward, 880 P.2d 1343 (Mont. 1994).
— Mont. Code Ann. § 45-5-201(l)(d) — 12 cases
State v. Guillaume, 1999 MT 29 (Mont. 1999). “See Section 45-5-201(1)(d) and (2), MCA ("A person commits the offense of assault if he .”
State v. Crabb, 756 P.2d 1120 (Mont. 1988).
State v. Zabawa, 928 P.2d 151 (Mont. 1996).
State v. Martinez, 1998 MT 265 (Mont. 1998).
State v. Cope, 819 P.2d 1280 (Mont. 1991).
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.