Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-16-131 (2026)

Justifiable Use Of Force -- Burden Of Proof

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 1
  5. 46-16-131 Justifiable use of force -- burden of proof

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 1. General Provisions

Justifiable Use Of Force -- Burden Of Proof

46-16-131. Justifiable use of force -- burden of proof. In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant's actions were not justified.

History: En. Sec. 9, Ch. 332, L. 2009.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2011–2025 · leading case: State v. L. Akers, 2017 MT 311 (Mont. 2017).
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State v. L. Akers, 2017 MT 311 (Mont. 2017). · cites it 10× “¶12 Section 46-16-131, MCA, provides that “when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant’s actions were not justified.”
State v. Daniels, 2011 MT 278 (Mont. 2011). · cites it 10× “HB 228 included a provision which is now codified as § 46-16-131, MCA (2009): Justifiable use of force-burden of proof.”
State v. Kaarma, 2017 MT 24 (Mont. 2017). · cites it 6× “Section 46-16-131, MCA. In order to meet the initial burden of production, a defendant must do more than give notice of intention to use the defense.”
State v. Montana Ninth Jud. Dist. Court, 2014 MT 188 (Mont. 2014). · cites it 8× “Under that statute, “when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant’s actions were not justified.” Section 46-16-131, MCA.”
State v. Kenneth Erickson, 2014 MT 304 (Mont. 2014). · cites it 9× “Of relevance to tins appeal, he argued that the State had not met its burden under § 46-16-131, MCA, of proving that Erickson’s actions were unjustified.”
City of Missoula v. Paffhausen, 2012 MT 265 (Mont. 2012). · cites it 4× “§ 46-16-131, MCA (setting out the same framework for justifiable use of force cases).”
State v. J. Kalina, 2025 MT 70 (Mont. 2025). · cites it 5× “” Section 46-16-131, MCA. ¶27 Because it is undisputed that Stacy struck Kalina first through the window of Kalina’s parked car, Kalina asserts he was justified when he cut Stacy’s face through to the skull.”
State v. M. Dulaney, 2025 MT 67 (Mont. 2025). · cites it 4× “2d 157 , abrogated on other grounds by § 46-16-131, MCA (2009); State v. Daniels, 2011 MT 278, ¶¶ 13-16 , 14 362 Mont.”
State v. R.S.A., 2015 MT 202 (Mont. 2015). · cites it 5× “Section 46-16-131, MCA, provides that “In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant’s actions were *126 not justified.”
State v. R.S.A., 2015 MT 202 (Mont. 2015). · cites it 5× “Section 46-16-131, MCA, provides that “In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant’s actions were not justified.”
State v. M. Lau, 2018 MT 93 (Mont. 2018). · cites it 3× “¶ 10 Lau argues that the prosecutor's argument overstated the level of injury he needed to fear to justify the use of a firearm in self-defense.”
State v. Arvidson, 2025 MT 200 (Mont. 2025). · cites it 3× “” Section 46-16-131, MCA; State v. Marquez, 2021 MT 263 , ¶¶ 17, 21, 406 Mont.”
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