Montana § 46-18-104 Definitions

Montana Statutes

§ 46-18-104 — Definitions

Montana § 46-18-104

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 1Policy and Preliminary Procedure

This text of Montana § 46-18-104 (Definitions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-18-104 (2026).

Text

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 .

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.