In Montana, strangulation of a partner or family member is its own crime under MCA § 45-5-215. It is not a more serious version of partner or family member assault (PFMA). It has different elements and a much heavier penalty: up to 5 years in the state prison on a first offense. This page explains the statute, then maps the other charges that can be filed from the same incident. It is part of our Montana Domestic Violence Guide.
What the Strangulation Statute Says
A person commits the offense by purposely or knowingly impeding the normal breathing or circulation of the blood of a partner or family member in one of two ways (MCA § 45-5-215(1)):
- applying pressure on the throat or neck, or
- blocking air flow to the nose and mouth.
"Partner" and "family member" mean the same thing here as in the PFMA statute (MCA § 45-5-215(4)). Our page on who counts as a partner or family member covers that definition. The mental state, purposely or knowingly, is explained in purposely, knowingly, and negligently.
Why No Visible Injury Is Required
Read the elements again and notice what is missing. The statute does not say "bodily injury." It does not mention bruising, loss of consciousness, or medical treatment. The offense is defined by the act of impeding breathing or circulation, not by its aftermath.
That does not lower the burden of proof. The State still has to prove each element beyond a reasonable doubt, and in a case with no physical findings the evidence may come down to statements, a 911 recording, photographs, or medical records. How strong that evidence is, and whether it shows what the State says it shows, is the work of a defense. See body cameras, photos, and medical records.
Penalties for a First and a Later Offense
- First offense: a fine of up to $50,000, imprisonment in the state prison for up to 5 years, or both (MCA § 45-5-215(2)(a)).
- Second or subsequent offense under the same section: state prison for not less than 2 years or more than 20 years, and a possible fine of up to $50,000, subject to the exceptions in MCA §§ 46-18-219 and 46-18-222 (MCA § 45-5-215(2)(b)).
- Counseling: a person convicted must pay for and complete the same counseling assessment required after a PFMA conviction (MCA § 45-5-215(3)).
Our strangulation penalties page goes further into sentencing.
How It Connects to PFMA and to Court Orders
A strangulation conviction follows a person into any later PFMA case. The PFMA statute counts it as a prior conviction when deciding whether a new PFMA is a first, second, or third offense (MCA § 45-5-206(3)(b)(v)). See how prior convictions count.
The no contact order statute also applies. A person charged with or arrested for strangulation of a partner or family member can be served with a standing no contact order, and the court can continue or issue one at any later appearance (MCA § 45-5-209(1) and (7)). The person named as the victim of strangulation is also eligible to petition for a civil order of protection (MCA § 40-15-102(1)(b)(ix)).
Other Charges That Can Come From One Incident
A police report from a domestic call is read by a prosecutor who decides which statutes fit. Sometimes that is PFMA alone. Sometimes it is PFMA plus one or more of the offenses below, or one of them instead. Each row links to a page on that charge.
| Charge | MCA | Penalty range in the statute |
|---|---|---|
| Aggravated assault | § 45-5-202 | State prison up to 20 years; fine up to $50,000 |
| Assault with a weapon | § 45-5-213 | State prison up to 20 years, a fine up to $50,000, or both |
| Stalking | § 45-5-220 | Up to 1 year and $1,000; up to 5 years and $10,000 in listed situations |
| Violation of an order of protection | § 45-5-626 | First offense up to 6 months and $500; third up to 2 years and $2,000 |
| Violation of a no contact order | § 45-5-209(8) | Up to 6 months and $500 for each contact |
| Privacy in communications | § 45-8-213 | First offense up to 6 months and $500 |
| Tampering with witnesses | § 45-7-206 | State prison up to 10 years, a fine up to $50,000, or both |
| Criminal endangerment, unlawful restraint, kidnapping | §§ 45-5-207, 45-5-301, 45-5-302 | From 6 months in jail up to 10 years in prison, depending on the charge |
| Criminal mischief and trespass | §§ 45-6-101, 45-6-203 | Up to 6 months; criminal mischief up to 10 years if the loss is over $1,500 |
| Endangering the welfare of children | § 45-5-622(4) | 72 hours to 1 year in jail; fine of $100 to $1,000 |
| Disorderly conduct | § 45-8-101 | Up to 10 days and $100 |
Three of these, aggravated assault, assault with a weapon, and strangulation, are treated alongside PFMA throughout the code. They trigger the same no contact order, count as PFMA priors when the other person is a partner or family member, and can support an added charge when a child is present.
If You Have Been Charged
Follow every term of any no contact order or release condition exactly, and do not discuss the incident with the other person, directly or through anyone else. Talk to a lawyer before talking to police or the prosecutor. A&M Law is a Missoula firm that defends PFMA and other domestic violence charges in Western Montana, and also practices family law.
If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.