Montana § 46-18-104 Definitions

Montana Statutes

§ 46-18-104 — Definitions

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 1 Policy and Preliminary Procedure

46-18-104 . Definitions. As used in 46-18-101 , 46-18-105 , 46-18-201 , 46-18-225 , and this section, unless the context requires otherwise, the following definitions apply:

(1)"Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303 .

(2)(a) "Crime of violence" means:

(i)a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;

(ii)a crime in which the offender causes serious bodily injury or death to a person other than the offender; or

(iii)an offense under:

(A)45-5-215 ;

(B)45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;

(C)

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46-18-104 . Definitions. As used in 46-18-101 , 46-18-105 , 46-18-201 , 46-18-225 , and this section, unless the context requires otherwise, the following definitions apply:
(1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303 .
(2) (a) "Crime of violence" means:
(i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;
(ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or
(iii) an offense under:
(A) 45-5-215 ;
(B) 45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;
(C) 45-5-503 , except as provided in subsection (2)(b) of this section;
(D) 45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;
(E) 45-5-508 ;
(F) 45-5-702 ;
(G) 45-5-703 ;
(H) 45-5-705 ;
(I) 45-5-706 ;
(J) 45-5-711 ; or
(K) 45-5-802 (1).
(b) In a prosecution under 45-5-503 , if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.
(3) "Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.
(4) "Restorative justice" has the meaning provided in 44-7-302 .

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Legislative History

En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001; amd. Sec. 1, Ch. 177, L. 2013; amd. Sec. 1, Ch. 132, L. 2019; amd. Sec. 9, Ch. 308, L. 2019; amd. Sec. 23, Ch. 167, L. 2023; amd. Sec. 8, Ch. 484, L. 2025.