Montana Domestic Violence Guide

What "Bodily Injury" Means in a Montana PFMA Case

The legal definition is broader than most people expect. Pain is enough, and a photograph of a bruise is not required.

Written by

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: September 2, 2026

Key Takeaways: What "Bodily Injury" Means in a Montana PFMA Case

Montana defines bodily injury as "physical pain, illness, or an impairment of physical condition," and the term includes mental illness or impairment (MCA § 45-2-101(5)).
Physical pain alone meets the definition. The statute does not require a bruise, a cut, or medical treatment.
Serious bodily injury is a separate, higher level that belongs to aggravated assault, not to ordinary PFMA.
Injury can be proved by testimony, officer observations, photographs, recordings, and medical records. No single type of proof is required by the statute.
The State must also prove that the injury was caused by the accused and with the required mental state.
If no injury can be proved, the State may still charge the reasonable apprehension form of PFMA.

In Montana criminal law, bodily injury means "physical pain, illness, or an impairment of physical condition and includes mental illness or impairment" (MCA § 45-2-101(5)). A visible injury is not part of the definition. That definition applies to partner or family member assault, so a PFMA charge can rest on pain that left no mark. This page is part of our Montana Domestic Violence Guide.

Where Bodily Injury Fits in the PFMA Statute

Two of the three forms of PFMA require bodily injury: purposely or knowingly causing bodily injury to a partner or family member (MCA § 45-5-206(1)(a)), and negligently causing bodily injury to one with a weapon (§ 45-5-206(1)(b)). The third form, covered in reasonable apprehension, requires no injury at all.

The PFMA statute does not define the term itself. The definition comes from the general definitions section of the criminal code, § 45-2-101, and it is the same one used for ordinary assault.

The Three Parts of the Definition

Physical pain. The statute sets no minimum. It does not say the pain must be severe, lasting, or treated by a doctor.
Illness. Less common in PFMA cases, but part of the definition.
An impairment of physical condition. Bruising, swelling, a cut, a sprain, or anything else that leaves the body working less well than before.

The definition also "includes mental illness or impairment." The code does not explain what proof that requires, and it is not the same thing as being frightened or upset.

Is a Visible Injury Required?

No. Because physical pain is enough, a case can go forward where the other person said it hurt and nothing showed. This surprises many people who assume that no marks means no case.

It cuts both ways, though. The State still carries the burden of proving the pain or impairment beyond a reasonable doubt. Whether there were marks, what the photographs show, whether medical care was sought, and whether descriptions of the event stayed consistent are all things a judge or jury may consider. The lack of a visible injury is not a legal bar to the charge. It is evidence, and its weight depends on everything else in the case. Our page on no injury and no fear looks at this from the defense side.

Bodily Injury vs. Serious Bodily Injury

Term	Definition	MCA	Used in
Bodily injury	Physical pain, illness, or an impairment of physical condition, including mental illness or impairment	§ 45-2-101(5)	PFMA, assault
Serious bodily injury	Bodily injury that creates a substantial risk of death, or causes (or can reasonably be expected to cause) serious permanent disfigurement or protracted loss or impairment of a bodily member or organ	§ 45-2-101(66)	Aggravated assault

The difference is large. PFMA with bodily injury is punished under § 45-5-206. Purposely or knowingly causing serious bodily injury is aggravated assault, punishable by up to 20 years in state prison (MCA § 45-5-202). See aggravated assault on a partner.

One kind of conduct has its own statute regardless of visible injury. Impeding a partner or family member's breathing or blood circulation by pressure on the throat or neck, or by blocking the nose and mouth, is strangulation of a partner or family member under MCA § 45-5-215. That statute does not require proof of bodily injury.

How Bodily Injury Is Proved

The statutes do not prescribe a method of proof. In practice the evidence usually comes from some combination of:

Testimony from the alleged victim or other witnesses about what happened and what was felt.
What responding officers saw and wrote down, including redness, swelling, or the absence of either.
Photographs taken at the scene or afterward.
The 911 recording and body camera video.
Medical records, when treatment was sought.

Each has limits. Photographs can be unclear, marks can have other causes, and timing matters. See body cameras, photos, and medical records for how this evidence is obtained and tested.

Injury Alone Is Not the Whole Offense

Proof that someone was hurt does not finish the State's case. The prosecution must also prove that the accused caused the injury, that the accused acted purposely or knowingly (or negligently with a weapon), and that the other person is a partner or family member. An injury that resulted from an accident, or from force used in lawful self-defense, raises different questions from an injury caused deliberately.

If you have been charged, do not contact the other person to talk about what the injury was or was not. A no contact order may prohibit it, and that kind of conversation can lead to new allegations. Give your account to your lawyer instead. A&M Law defends PFMA charges in Western Montana: see our PFMA defense page.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

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FAQ

What "Bodily Injury" Means in a Montana PFMA Case FAQ

Does there have to be a visible injury for a PFMA charge?

No. Bodily injury is defined as "physical pain, illness, or an impairment of physical condition" (MCA § 45-2-101(5)). Pain with no visible mark fits the definition. The absence of a mark is still evidence a judge or jury can weigh when deciding whether the State proved pain.

Is pain enough to count as bodily injury in Montana?

Yes, under the wording of the definition. "Physical pain" is the first item listed, and the statute does not say how severe or how long lasting it must be. Whether the State has actually proved pain beyond a reasonable doubt is a separate question.

What is the difference between bodily injury and serious bodily injury?

Serious bodily injury means bodily injury that creates a substantial risk of death, or that causes or can reasonably be expected to cause serious permanent disfigurement or protracted loss or impairment of a bodily member or organ (MCA § 45-2-101(66)). Purposely or knowingly causing it is aggravated assault under MCA § 45-5-202, which carries up to 20 years in state prison.

Can emotional harm be bodily injury?

The definition says bodily injury "includes mental illness or impairment." It does not say that fear, anger, or being upset is bodily injury, and the statute does not explain how mental illness or impairment is to be shown. PFMA cases without physical injury are usually charged under the reasonable apprehension subsection instead.

Questions About the Evidence in Your Case?

We can review the reports, photographs, and recordings with you and explain what they do and do not show. Call 406-830-3060 for a confidential consultation.

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