Revise laws related to charges of assault

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69th Legislature 2025 SB 273.1
- 1 - Authorized Print Version – SB 273
1 SENATE BILL NO. 273
2 INTRODUCED BY D. EMRICH
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING THAT A VICTIM OF ASSAULT DETERMINES
5 WHETHER CHARGES ARE FILED; AND AMENDING SECTION 45-5-201, MCA.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9Section 1. Section 45-5-201, MCA, is amended to read:
10 "45-5-201. Assault. (1) A person commits the offense of assault if the person:
11 (a) purposely or knowingly causes bodily injury to another;
12 (b) negligently causes bodily injury to another with a weapon;
13 (c) purposely or knowingly makes physical contact of an insulting or provoking nature with any
14 individual;
15 (d) purposely or knowingly causes reasonable apprehension of bodily injury in another; or
16 (e) purposely or knowingly provides an individual with rohypnol, flunitrazolam, or gamma-
17 hydroxybutyrate without the individual's consent.
18 (2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county
19 jail for any term not to exceed 6 months, or both.
20 (3) Except when the victim is developmentally disabled, physically disabled, or suffers from a
21 mental illness causing them to be physically or mentally disabled, the victim of an assault has the sole
22 responsibility of determining whether or not a charge alleging a violation of this section is filed."
23 - END -