Montana § 46-18-221 Additional Sentence For Offenses Committed With Dangerous Weapon

Montana Statutes

§ 46-18-221 — Additional Sentence For Offenses Committed With Dangerous Weapon

Montana § 46-18-221

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 2Form of Sentence

This text of Montana § 46-18-221 (Additional Sentence For Offenses Committed With Dangerous Weapon) 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. § 46-18-221 (2026).

Text

46-18-221 . Additional sentence for offenses committed with dangerous weapon.

(1)If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222 .

(2)If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent o

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46-18-221 . Additional sentence for offenses committed with dangerous weapon. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222 .
(2) If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222 . For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section:
(a) a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and
(b) a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon.
(3) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222 .
(4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.

Legislative History

En. 95-2206.17 by Sec. 13, Ch. 584, L. 1977; R.C.M. 1947, 95-2206.17; amd. Sec. 1, Ch. 108, L. 1981; amd. Sec. 1, Ch. 16, L. 2001; amd. Sec. 5, Ch. 524, L. 2001.