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Defending a Home

MCA 45-3-103 — force to stop an unlawful entry into an occupied structure, deadly force against an assault or a forcible felony inside

A person may use or threaten force to the extent the person reasonably believes it is necessary to prevent or end another's unlawful entry into, or attack on, an occupied structure.

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  • The entry is made or attempted and the person reasonably believes the force is needed to prevent an assault on anyone inside.
  • Or the person reasonably believes the force is needed to prevent a forcible felony in the structure.
  • MCA 45-3-103

Deadly force is justified only in one of those two cases. A person lawfully there has no duty to retreat or to call for help first.

  • MCA 45-3-103
  • MCA 45-3-110
Sources for this section (2)
  1. MCA 45-3-103 — Use of force in defense of occupied structure
  2. MCA 45-3-110 — No duty to summon help or flee

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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