Montana § 46-18-205 Mandatory Minimum Sentences -- Restrictions On Deferral Or Suspension

Montana Statutes

§ 46-18-205 — Mandatory Minimum Sentences -- Restrictions On Deferral Or Suspension

Montana § 46-18-205

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 2Form of Sentence

This text of Montana § 46-18-205 (Mandatory Minimum Sentences -- Restrictions On Deferral Or Suspension) 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. § 46-18-205 (2026).

Text

46-18-205 . Mandatory minimum sentences -- restrictions on deferral or suspension.

(1)If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:

(a)45-5-503 , sexual intercourse without consent;

(b)45-5-504 , indecent exposure;

(c)45-5-507 , incest; or

(d)45-8-218 , deviate sexual conduct.

(2)Except as provided in 45-9-202 and 46-18-222 , the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:

(a)45-5-103 (4), mitigated deliberate homicide;

(b)45-5-202 , aggravated assaul

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46-18-205 . Mandatory minimum sentences -- restrictions on deferral or suspension. (1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:
(a) 45-5-503 , sexual intercourse without consent;
(b) 45-5-504 , indecent exposure;
(c) 45-5-507 , incest; or
(d) 45-8-218 , deviate sexual conduct.
(2) Except as provided in 45-9-202 and 46-18-222 , the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:
(a) 45-5-103 (4), mitigated deliberate homicide;
(b) 45-5-202 , aggravated assault;
(c) 45-5-302 (2), kidnapping;
(d) 45-5-303 (2), aggravated kidnapping;
(e) 45-5-401 (2), robbery;
(f) 45-5-502 (3) and (4), sexual assault;
(g) 45-5-503 (2) and (3), sexual intercourse without consent; and
(h) 45-5-706 , aggravated sex trafficking.
(3) Except as provided in 46-18-222 , the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102 , deliberate homicide, may not be deferred or suspended.
(4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 .

Legislative History

En. Sec. 3, Ch. 52, L. 1999; amd. Sec. 5, Ch. 312, L. 2001; amd. Sec. 16, Ch. 483, L. 2007; amd. Sec. 11, Ch. 374, L. 2013; amd. Sec. 20, Ch. 285, L. 2015; amd. Sec. 26, Ch. 321, L. 2017; amd. Sec. 27, Ch. 167, L. 2023; amd. Sec. 2, Ch. 205, L. 2023.