2021 Montana Code Annotated
Title 45. Crimes
Chapter 7. Offenses Against Public Administration
Part 3. Obstructing Governmental Operations
45-7-301. Resisting arrest
45-7-301. Resisting arrest. (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.
History: En. 94-7-301 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-301; amd. Sec. 1685, Ch. 56, L. 2009.
