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·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 2 Form of Sentence

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 .

Montana § 46-18-205 (Mandatory Minimum Sentences -- Restrictions On Deferral Or Suspension) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.