Montana Code Annotated 2023

TITLE 45. CRIMES

CHAPTER 3. JUSTIFIABLE USE OF FORCE

Part 1. When Force Justified

Use Of Force In Resisting Arrest

45-3-108. Use of force in resisting arrest. A person is not authorized to use force to resist an arrest that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful and the arrest in fact is unlawful.

History: En. 94-3-108 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-108; amd. Sec. 1649, Ch. 56, L. 2009.