Montana § 45-5-214 - Assault With Bodily Fluid

§ 45-5-214. Assault With Bodily Fluid

Assault with bodily fluid. (1) A person commits the offense of assault with a bodily fluid if the person purposely causes one of the person's bodily fluids to make physical contact with: (a) a law enforcement officer, a staff person of a correctional or detention facility, or a health care provider, as defined in 50-4-504 , including a health care provider performing emergency services, while the health care provider is acting in the course and scope of the health care provider's profession and occupation: (i) during or after an arrest for a criminal offense; (ii) while the person is incarcerated in or being transported to or from a state prison, a county, city, or regional jail or detention facility, or a health care facility; or (iii) if the person is a minor, while the youth is detained in or being transported to or from a county, city, or regional jail or detention facility or a youth detention facility, secure detention facility, regional detention facility, short-term detention center, correctional facility as defined in 41-5-103 , health care facility, or shelter care facility; or (b) an emergency responder. (2) A person convicted of the offense of assault with a bodily fluid shall be fined an amount not to exceed $1,000 or incarcerated in a county jail or a state prison for a term not to exceed 1 year, or both. (3) The youth court has jurisdiction of any violation of this section by a minor. (4) As used in this section, the following definitions apply: (a) "Bodily fluid" means any bodily secretion, including but not limited to feces, urine, blood, and saliva. (b) "Emergency responder" means a licensed medical services provider, law enforcement officer, firefighter, volunteer firefighter or officer of a nonprofit volunteer fire company, emergency care provider, emergency nurse, ambulance operator, provider of civil defense services, or any other person who in good faith renders emergency care or assistance at a crime scene or the scene of an emergency or accident.