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

Mont. Code Ann. § 45-5-212 (2026)

Assault On Minor

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 5
  4. Part 2
  5. 45-5-212 Assault on minor

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 2. Assault and Related Offenses

Assault On Minor

45-5-212. Assault on minor. (1) A person commits the offense of assault on a minor if the person commits an offense under 45-5-201, and at the time of the offense, the victim is under 14 years of age and the offender is 18 years of age or older.

(2) (a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of assault on a minor shall be imprisoned in a state prison for a term not to exceed 5 years or be fined not more than $50,000, or both.

(b) If at the time of the offense the victim is under 36 months of age, a person convicted of assault on a minor:

(i) for a first offense under this subsection (2)(b) shall be imprisoned in a state prison for a term not to exceed 10 years or be fined not more than $50,000, or both; or

(ii) for a second or subsequent offense under this subsection (2)(b) shall be imprisoned in a state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.

(c) If at the time of the offense the victim is under 36 months of age, a person convicted of assault on a minor that resulted in serious bodily injury to the victim:

(i) for a first offense under this subsection (2)(c) shall be imprisoned in a state prison for a term not to exceed 20 years or be fined not more than $50,000, or both; or

(ii) for a second or subsequent offense under this subsection (2)(c) shall be imprisoned in a state prison for a term not to exceed 40 years or be fined not more than $50,000, or both.

(3) An offender convicted of an offense under subsection (2)(b) or (2)(c) shall pay for and complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency and complete all recommendations for counseling, referrals, attendance at psychoeducational groups, or treatment, including any indicated chemical dependency treatment, made by the counseling provider. The counseling provider must be approved by the court and be a person licensed under Title 37, chapter 17, 22, or 23, or a professional person as defined in 53-21-102. The offender shall complete a minimum of 40 hours of counseling.

History: En. Sec. 5, Ch. 432, L. 1999; amd. Sec. 1, Ch. 378, L. 2013.

Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 2003–2024 · leading case: State v. Hicks, 2013 MT 50 (Mont. 2013).
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State v. Hicks, 2013 MT 50 (Mont. 2013). · cites it 6× “Section 45-5-212, MCA. Because misdemeanor assault and assault on a minor proscribe the same conduct and require the same mental state, and because misdemeanor assault cannot support a charge of felony-murder, Hicks contends that assault on a minor also cannot support a charge…”
State v. Eskew, 2017 MT 36 (Mont. 2017). · cites it 8× “¶1 Jasmine Nicole Eskew appeals from her conviction of felony Assault on a Minor in violation of § 45-5-212, MCA. We reverse the conviction.”
State v. Knowles, 2010 MT 186 (Mont. 2010). · cites it 4× “During this conversation, Abrahamson claimed that Knowles admitted to spanking B.K. with a belt prior to leaving on his business trip.”
United States v. Luke Scott, Sr., 83 F.4th 796 (9th Cir. 2023). · cites it 7× “§ 1153 , and Mont. Code Ann. § 45-5-212 ; and (2) affirmed the district court’s application of a serious bodily injury enhancement under U.”
State v. Mason, 2003 MT 371 (Mont. 2003). · cites it 2× “, including one count of felony assault on a minor, in violation of § 45-5-212, MCA (1999), and one count of incest, a felony in violation of § 45-5-507(1), *121 MCA (1999).”
State v. Meyers, 2007 MT 230 (Mont. 2007). · cites it 2× “¶1 Appellant Gilbert Bruce Meyers (Meyers) appeals from the judgment of the First Judicial District Court, Broadwater County, convicting him of assault on a child, a felony, in violation of § 45-5-212, MCA, and sentencing him therefor.”
State v. Thomas Perkins, 2009 MT 150 (Mont. 2009). · cites it 2× “In January, 2006, Perkins was charged with assault on a minor, a felony, in violation of § 45-5-212, MCA. In January, 2008 he entered an agreement to plead guilty to an amended charge of felony criminal endangerment in violation of § 45-5-207, MCA.”
State v. Weatherell, 2010 MT 37 (Mont. 2010). · cites it 6× “2d 1367, 1373 (1991), prohibited the State from prosecuting him for assault on a minor under § 45-5-212, MCA, subsequent to his Alford plea to PFMA under § 45-5-206, MCA.”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). · cites it 2× “Without analysis reconciling the distinct statutory language of § 46-11-410(2)(a) and (d), MCA, we broadly stated for the first time that Matt, Hall, Sor-Lokken, and McQuiston “employed a single standard”— the “included offense” test codified in § 46-1-202(9)(a), MCA…”
State v. B. Hooper, 2016 MT 237 (Mont. 2016). · cites it 2× “Second, aggravated burglary requires that the intent to commit an offense occur within an occupied structure; elder abuse does not have to occur within an occupied structure.”
State v. Knowles, 222 P.3d 645 (Mont. 2009). · cites it 2× “Knowles in the First Judicial District Court, Lewis and Clark County, of one count of assault on a minor, a felony, in violation of § 45-5-212, MCA. Knowles now appeals, raising a trial issue and a sentencing issue.”
N. Polakoff v. 22nd Jud. Dist. Court (Mont. 2022). · cites it 2× “On May 1, 2019, the State charged Polakoff with two counts of assault on a minor in violation of § 45-5-212, MCA. In Count I, the State alleged the offense occurred "on or about" April 17, 2019; in Count II, the State alleged the offense occurred "on or about" April 19, 2019.”
Show all 19 citing cases →
— Mont. Code Ann. § 45-5-212(1) — 3 cases
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “Without analysis reconciling the distinct statutory language of § 46-11-410(2)(a) and (d), MCA, we broadly stated for the first time that Matt, Hall, Sor-Lokken, and McQuiston “employed a single standard”— the “included offense” test codified in § 46-1-202(9)(a), MCA…”
State v. Weatherell, 2010 MT 37 (Mont. 2010). “2d 1367, 1373 (1991), prohibited the State from prosecuting him for assault on a minor under § 45-5-212, MCA, subsequent to his Alford plea to PFMA under § 45-5-206, MCA.”
State v. William Shegrud, 2013 MT 164N (Mont. 2013).
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