Montana Code Annotated 2013

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     45-5-213. Assault with weapon. (1) A person commits the offense of assault with a weapon if the person purposely or knowingly causes:
     (a) bodily injury to another with a weapon; or
     (b) reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.
     (2) (a) Subject to the provisions of subsection (2)(b), a person convicted of assault with a weapon shall be imprisoned in the state prison for a term not to exceed 20 years or be fined not more than $50,000, or both.
     (b) In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).

     History: En. Sec. 7, Ch. 432, L. 1999.

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