MT 45-3-105. Use of force by aggressor.

MT 45-3-105. Use of force by aggressor.

State: Montana

 

Montana Code Annotated (M.C.A.)

TITLE 45. CRIMES 

CHAPTER 3. JUSTIFIABLE USE OF FORCE

Part 1. When Force Justified

 45-3-105. Use of force by aggressor. 

The justification described in 45-3-102 through 45-3-104 is not available to a person who:

(1) is attempting to commit, committing, or escaping after the commission of a forcible felony; or

(2) purposely or knowingly provokes the use of force against the person, unless:

(a) the force is so great that the person reasonably believes that the person is in imminent danger of death or serious bodily harm and that the person has exhausted every reasonable means to escape the danger other than the use of force that is likely to cause death or serious bodily harm to the assailant; or

(b) in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that the person desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

By | 2013-01-11T17:50:58+00:00 January 11th, 2013|Comments Off on MT 45-3-105. Use of force by aggressor.