Montana Criminal Jury Instructions
CHAPTER 2: DEFINITIONS/PRINCIPLES OF LIABILITY

2-103 Forcible Felony

“Forcible felony” means a felony that involves the use or threat of physical

force or violence against any individual.

GIVEN: ______________________________

DISTRICT JUDGE

SOURCE: MCJI 2-103 (2022)

Plaintiff’s Proposed Instruction No.______ Defendant’s Proposed Instruction No.______

Given as Instruction No. ______ Refused ______ Withdrawn______ By______

[Forcible Felony, No. 2-103, 2022, Source and Comment]

SOURCE: MCA § 45-2-101(24) (2021)

COMMENT: Cite as MCJI 2-103. This definition first occurs in the code as part of the general definitions section. It is also duplicated in MCA § 45-3-101(2) (2021) because it is used extensively throughout that chapter.

The definition of “forcible felony” presents the problem because the definition itself states that the offense is a “felony.” The Montana Supreme Court has ruled it improper to refer to an offense as a felony or misdemeanor. See also, State v. Brodniak, 221 Mont. 212, 718 P.2d 322 (1986). The Commission defers to the Legislature’s decision to use such a definition.

 

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