45-7-301. Resisting arrest | Statutes | Westlaw

45-7-301. Resisting arrest | Statutes | Westlaw

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45-7-301. Resisting arrest

MT ST 45-7-301West's Montana Code AnnotatedTitle 45. Crimes (Approx. 2 pages)

45-7-301. Resisting arrest

MT ST 45-7-301West's Montana Code AnnotatedTitle 45. Crimes (Approx. 2 pages)

West's Montana Code Annotated
Title 45. Crimes (Refs & Annos)
Chapter 7. Offenses Against Public Administration
Part 3. Obstructing Governmental Operations
MCA 45-7-301
45-7-301. Resisting arrest
Currentness
(1) A person commits the offense of resisting arrest if the person knowingly prevents or attempts to prevent a peace officer from effecting an arrest by:
(a) using or threatening to use physical force or violence against the peace officer or another; or
(b) using any other means that creates a risk of causing physical injury to the peace officer or another.
(2) It is no defense to a prosecution under this section that the arrest was unlawful, if the peace officer was acting under color of the officer's official authority.
(3) A person convicted of the offense of resisting arrest shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

Credits

Enacted 94-7-301 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-7-301. Amended by Laws 2009, ch. 56, § 1685, eff. Oct. 1, 2009.
MCA 45-7-301, MT ST 45-7-301
Current through the end of the 2023 Session of the Montana Legislature.
End of Document© 2024 Thomson Reuters. No claim to original U.S. Government Works.