Resisting Arrest and Obstructing an Officer
MCA 45-7-301 — force or a risk of injury to stop an arrest, up to $500 and 6 months, and no defense that the arrest was unlawful
Resisting arrest is knowingly preventing or trying to prevent an officer from making an arrest by using or threatening physical force, or by any other means that creates a risk of physical injury. It is no defense that the arrest was unlawful, if the officer acted under color of official authority.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.Holding a paper like this? Read my paper can read one for you, free with an account.
Obstructing a peace officer is knowingly obstructing, impairing or hindering the enforcement of the criminal law, the keeping of the peace, or a governmental function, service of process included.
- Resisting arrest and obstructing each carry a fine of up to $500, up to 6 months in the county jail, or both.
- Knowingly giving a peace officer false information to implicate another, or reporting an offense that did not occur, carries up to 6 months and $500 for a falsely reported misdemeanor, and up to 4 years and $10,000 for a felony.
Sources for this section (3)
- MCA 45-7-301 — Resisting arrest
- MCA 45-7-302 — Obstructing peace officer or other public servant
- MCA 45-7-205 — False reports to peace officers
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.