Mont. Code § 45-5-214

Current through the 2023 Regular Session
Section 45-5-214 - 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.

§ 45-5-214, MCA

Amended by Laws 2021, Ch. 339,Sec. 21, eff. 10/1/2021.
Amended by Laws 2019, Ch. 220,Sec. 12, eff. 7/1/2019.
Amended by Laws 2017, Ch. 321,Sec. 5, eff. 7/1/2017.
En. Sec. 1, Ch. 388, L. 1999; amd. Sec. 1, Ch. 292, L. 2005.