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.
Structure Montana Code Annotated
Chapter 5. Offenses Against the Person
Part 2. Assault and Related Offenses
45-5-204. Mistreating prisoners
45-5-205. Negligent vehicular assault -- penalty
45-5-206. Partner or family member assault -- penalty
45-5-207. Criminal endangerment -- penalty
45-5-208. Negligent endangerment -- penalty
45-5-210. Assault on peace officer or judicial officer
45-5-211. Assault upon sports official
45-5-214. Assault with bodily fluid
45-5-215. Strangulation of partner or family member
45-5-216. through 45-5-219 reserved
45-5-220. Stalking -- exemption -- penalty
45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty
45-5-224. through 45-5-230 reserved
45-5-232. Offender intervention counseling referral