Montana § 45-3-106 - Use Of Force To Prevent Escape
Full text of Montana Montana Code Annotated § 45-3-106 — Use Of Force To Prevent Escape, with citation guidance and answers to common questions.
§ 45-3-106. Use Of Force To Prevent Escape
Use of force to prevent escape. (1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person. (2) A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 45-3-106
What does Montana Code Annotated § 45-3-106 cover?
Section 45-3-106 ("Use Of Force To Prevent Escape") 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 § 45-3-106?
A common citation format is "Montana Code Annotated § 45-3-106" (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 § 45-3-106 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.