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Use-of-Force Continuum: Montana Statutory Definitions

Training

Citation

Mont. Code Ann. § 45-3-102

First enacted 1973

Amended 2009 by § 1643, Ch. 56, L. 2009

Summary and Notes

Deadly force must be reasonably believed to be necessary to prevent imminent death or serious harm.

Relevant Excerpt

[T]he person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

Mont. Code Ann. § 46-6-104

First enacted 1967

Amended 1991 by § 34, Ch. 800, L. 1991

Force must be necessary, reasonable, and proportional when making an arrest.

​Method of arrest. (1) An arrest is made by an actual restraint of the person to be arrested or by the person's submission to the custody of the person making the arrest. (2) All necessary and reasonable force may be used in making an arrest, but the person arrested may not be subject to any greater restraint than is necessary to hold or detain that person.

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