Montana § 46-18-228 Additional Sentence For Offenses Committed Against Vulnerable Person

Montana Statutes

§ 46-18-228 — Additional Sentence For Offenses Committed Against Vulnerable Person

Montana § 46-18-228

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 2Form of Sentence

This text of Montana § 46-18-228 (Additional Sentence For Offenses Committed Against Vulnerable Person) 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. § 46-18-228 (2026).

Text

46-18-228 . Additional sentence for offenses committed against vulnerable person.

(1)If the provisions of 46-1-401 are complied with, an individual who is found guilty of a misdemeanor offense under Title 45, chapter 5, or a felony offense while employed or volunteering in a caregiving facility and who committed the offense against a vulnerable person in the facility in which the individual was employed or volunteering 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 1 year or more than 10 years, except as provided in 46-18-222 .

(2)An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.

(3)For the purposes of t

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46-18-228 . Additional sentence for offenses committed against vulnerable person. (1) If the provisions of 46-1-401 are complied with, an individual who is found guilty of a misdemeanor offense under Title 45, chapter 5, or a felony offense while employed or volunteering in a caregiving facility and who committed the offense against a vulnerable person in the facility in which the individual was employed or volunteering 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 1 year or more than 10 years, except as provided in 46-18-222 .
(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.
(3) For the purposes of this section, the following definitions apply:
(a) "Caregiving facility" means:
(i) a mental health facility as provided in 53-21-102 ;
(ii) an assisted living facility licensed under 50-5-227 ;
(iii) a long-term care facility, an adult day-care center, a mental health center, a medical assistance facility, or a nonprofit health care facility as provided in 50-5-101 ;
(iv) a community group home for developmentally disabled, mentally disabled, or severely disabled persons that does not provide skilled or intermediate nursing care;
(v) a licensed adult foster family care home;
(vi) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug-dependent persons;
(vii) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or a youth group home as provided in 52-2-602 ;
(viii) a day-care center, a day-care facility, a family day-care home, or a group day-care home as provided in 52-2-703 ; or
(ix) a public or nonpublic school.
(b) "Vulnerable person" means:
(i) a child; or
(ii) a vulnerable adult as provided in 52-3-803 (11)(b).