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

Mont. Code Ann. § 45-5-210 (2026)

Assault On Peace Officer Or Judicial Officer

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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 2
  5. 45-5-210 Assault on peace officer or judicial officer

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 2. Assault and Related Offenses

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:

(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.

History: En. Sec. 1, Ch. 433, L. 1997; amd. Sec. 1, Ch. 436, L. 2021.

Notes of Decisions
Cited in 59 cases (16 in the last 5 years), 1999–2026 · leading case: State v. Matt, 2005 MT 9, 106 P.3d 530.
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State v. Matt, 2005 MT 9, 106 P.3d 530. · cites it 23× “As an example, he explains that, if the State had charged him, in Count II (assault on a police officer), of violating subsection (l)(c) of § 45-5-210, MCA, instead of subsection (l)(a), then the charge in Count I (assault with a weapon) under § 45-5-213(l)(a), MCA, would have…”
State v. N. Stillsmoking, 2020 MT 154, 470 P.3d 183. · cites it 19× “Section 45-5-210, MCA (1997) (1997 Mont. Laws ch.”
State v. Steele, 2004 MT 275, 99 P.3d 210. · cites it 10× “" As such, "[a] rationale trier of fact could have found beyond a reasonable doubt that when Steele fired his concealed weapon as Officer Bauman[n] approached" him, at that point Steele violated § 45-5-210(1)(b), MCA.”
State v. Martin, 2001 MT 83, 23 P.3d 216. · cites it 6× “See §§ 45-4-103 and 45-5-102, MCA. It is true that the offense of assault on a peace officer differs from the offense of attempted deliberate homicide in that a less serious injury may suffice to establish its commission-indeed, no injury is required for attempted deliberate…”
Davis v. State, 2008 MT 226, 187 P.3d 654. · cites it 4× “¶ 5 The State filed an information in Ravalli County on April 1, 2004, charging Davis with various offenses committed during his gunfight with Deputy Allestad, including (1) attempted deliberate homicide, a felony, in violation of §§ 45-4-103, 45-5-102, MCA (Count I); (2)…”
State v. Courville, 2002 MT 330, 61 P.3d 749. · cites it 4× “The jury returned a verdict of guilty on one count of felony assault on a police officer in violation of § 45-5-210(1)(d), MCA, and found Courville not guilty on the other two counts.”
State v. Fuqua, 2000 MT 273, 13 P.3d 34. · cites it 18× “Whether § 45-5-210, MCA, violates Article II, Section 17 of the Montana Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.”
State v. McDonald, 2013 MT 97, 299 P.3d 799. · cites it 4× “McDonald was charged with one count of felony assault on a police officer in violation of § 45-5-210, MCA.1 The first trial resulted in a mistrial when the jury was unable to reach a verdict.”
State v. Moody, 2006 MT 305, 148 P.3d 662. · cites it 4× “¶ 5 The State charged Moody by information with Count I, assault on a police officer, a felony in violation of § 45-5-210(1)(a), MCA; Count II, driving under the influence of alcohol or drugs, a misdemeanor in violation of § 61-8-401, MCA; and Count III, driving without required…”
State v. Northcutt, 2015 MT 267, 358 P.3d 179. · cites it 4× “PROCEDURAL AND FACTUAL BACKGROUND ¶2 The State charged Northcutt with three counts of assault on a peace officer under § 45-5-210, MCA, and one count of aggravated animal cruelty under § 45-8-217, MCA.”
State v. Dethman, 2010 MT 268, 245 P.3d 30. · cites it 2× “Did the District Court err by failing to include the full mens rea requirement for the crime of assault on a peace officer in the jury instructions? FACTUAL AND PROCEDURAL BACKGROUND ¶5 Dethman was charged by Information with offenses of: Driving Under the Influence of Alcohol…”
State v. Robinson, 2008 MT 34, 177 P.3d 488. · cites it 2× “the District Court abuse its discretion when it denied Robinson’s challenge for cause to a prospective juror? Issue 2: Did the District Court impose an illegal sentence on Robinson when it imposed sentences both for his offenses and because he is a persistent felony offender? ¶3…”
Show all 59 citing cases →
Mont. Code Ann. § 45-5-210(1): 3 cases
State v. Grixti, 2005 MT 296, 124 P.3d 177.
State v. N. Stillsmoking, 2020 MT 154, 470 P.3d 183. “Section 45-5-210, MCA (1997) (1997 Mont. Laws ch.”
State v. Fuqua, 2000 MT 273, 13 P.3d 34. “Whether § 45-5-210, MCA, violates Article II, Section 17 of the Montana Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.”
Mont. Code Ann. § 45-5-210(1)(a): 8 cases
State v. Martin, 2001 MT 83, 23 P.3d 216. “See §§ 45-4-103 and 45-5-102, MCA. It is true that the offense of assault on a peace officer differs from the offense of attempted deliberate homicide in that a less serious injury may suffice to establish its commission-indeed, no injury is required for attempted deliberate…”
State v. Moody, 2006 MT 305, 148 P.3d 662. “¶ 5 The State charged Moody by information with Count I, assault on a police officer, a felony in violation of § 45-5-210(1)(a), MCA; Count II, driving under the influence of alcohol or drugs, a misdemeanor in violation of § 61-8-401, MCA; and Count III, driving without required…”
State v. C. Valenzuela, 2021 MT 244, 495 P.3d 1061.
State v. B. Hooper, 2016 MT 237, 386 P.3d 548.
State v. Taylor, 2000 MT 90N.
Mont. Code Ann. § 45-5-210(1)(b): 5 cases
State v. N. Stillsmoking, 2020 MT 154, 470 P.3d 183. “Section 45-5-210, MCA (1997) (1997 Mont. Laws ch.”
State v. Steele, 2004 MT 275, 99 P.3d 210. “" As such, "[a] rationale trier of fact could have found beyond a reasonable doubt that when Steele fired his concealed weapon as Officer Bauman[n] approached" him, at that point Steele violated § 45-5-210(1)(b), MCA.”
State v. Smith, 2000 MT 57, 997 P.2d 768.
State v. Eblen, 377 Mont. 7 (2014).
State v. J. Warr, 2025 MT 138, 571 P.3d 610.
Mont. Code Ann. § 45-5-210(1)(d): 2 cases
State v. Courville, 2002 MT 330, 61 P.3d 749. “The jury returned a verdict of guilty on one count of felony assault on a police officer in violation of § 45-5-210(1)(d), MCA, and found Courville not guilty on the other two counts.”
Peterson v. State, 2004 MT 86N.
Mont. Code Ann. § 45-5-210(2): 1 case
State v. J. Warr, 2025 MT 138, 571 P.3d 610.
Mont. Code Ann. § 45-5-210(2)(a): 2 cases
State v. Rose, 2017 MT 289, 406 P.3d 443.
State v. Gobble, 222 P.3d 644 (Mont. 2009).
Mont. Code Ann. § 45-5-210(4): 1 case
State v. Fuqua, 2000 MT 273, 13 P.3d 34. “Whether § 45-5-210, MCA, violates Article II, Section 17 of the Montana Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.”
Mont. Code Ann. § 45-5-210(a): 2 cases
State v. Rinkenbach, 2003 MT 348, 82 P.3d 8.
State v. N. Rich, 2022 MT 66, 507 P.3d 176.
Mont. Code Ann. § 45-5-210(l)(a): 4 cases
State v. Matt, 2005 MT 9, 106 P.3d 530. “As an example, he explains that, if the State had charged him, in Count II (assault on a police officer), of violating subsection (l)(c) of § 45-5-210, MCA, instead of subsection (l)(a), then the charge in Count I (assault with a weapon) under § 45-5-213(l)(a), MCA, would have…”
State v. Martin, 2001 MT 83, 23 P.3d 216. “See §§ 45-4-103 and 45-5-102, MCA. It is true that the offense of assault on a peace officer differs from the offense of attempted deliberate homicide in that a less serious injury may suffice to establish its commission-indeed, no injury is required for attempted deliberate…”
State v. Moody, 2006 MT 305, 148 P.3d 662. “¶ 5 The State charged Moody by information with Count I, assault on a police officer, a felony in violation of § 45-5-210(1)(a), MCA; Count II, driving under the influence of alcohol or drugs, a misdemeanor in violation of § 61-8-401, MCA; and Count III, driving without required…”
State v. Bay, 2003 MT 224, 75 P.3d 1265.
Mont. Code Ann. § 45-5-210(l)(b): 5 cases
State v. Steele, 2004 MT 275, 99 P.3d 210. “" As such, "[a] rationale trier of fact could have found beyond a reasonable doubt that when Steele fired his concealed weapon as Officer Bauman[n] approached" him, at that point Steele violated § 45-5-210(1)(b), MCA.”
State v. Kirn, 2012 MT 69, 274 P.3d 746.
State v. Carnes, 2015 MT 101, 346 P.3d 1120.
State v. Fuqua, 2000 MT 273, 13 P.3d 34. “Whether § 45-5-210, MCA, violates Article II, Section 17 of the Montana Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.”
State v. Lambert, 2010 MT 287, 248 P.3d 295.
Mont. Code Ann. § 45-5-210(l)(d): 1 case
State v. Courville, 2002 MT 330, 61 P.3d 749. “The jury returned a verdict of guilty on one count of felony assault on a police officer in violation of § 45-5-210(1)(d), MCA, and found Courville not guilty on the other two counts.”
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