Montana Code Annotated 2013

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     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 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 under subsection (1)(a), (1)(b), 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.
     (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.

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