45-3-108. Use of force in resisting arrest, MCA
  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 3
  4. Part 1
  5. 45-3-108 Use of force in resisting arrest

Montana Code Annotated 2017

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.