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

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).

Montana § 46-18-228 (Additional Sentence For Offenses Committed Against Vulnerable Person) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.