Montana § 45-3-108 - Use Of Force In Resisting Arrest

Full text of Montana Montana Code Annotated § 45-3-108 — Use Of Force In Resisting Arrest, with citation guidance and answers to common questions.

§ 45-3-108. Use Of Force In Resisting Arrest

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.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 45-3-108

What does Montana Code Annotated § 45-3-108 cover?

Section 45-3-108 ("Use Of Force In Resisting Arrest") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 45-3-108?

A common citation format is "Montana Code Annotated § 45-3-108" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 45-3-108 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.