§ 45-3-101 Definitions
§ 45-3-102 Use of force in defense of person
§ 45-3-103 Use of force in defense of occupied structure
§ 45-3-104 Use of force in defense of other property
§ 45-3-105 Use of force by aggressor
§ 45-3-106 Use of force to prevent escape
§ 45-3-107 Use of force by parent, guardian, or teacher
§ 45-3-108 Use of force in resisting arrest
§ 45-3-109 Execution of death sentence
§ 45-3-110 No duty to summon help or flee
§ 45-3-111 Openly carrying weapon — display
§ 45-3-112 Investigation of alleged offense involving claim of justifiable use of force
§ 45-3-115 Affirmative defense
§ 45-3-116 Use of force in defense of military equipment and information
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Terms Used In Montana Code > Title 45 > Chapter 3 > Part 1 - When Force Justified

  • Arrest: Taking physical custody of a person by lawful authority.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.