Montana § 46-18-502 Sentencing Of Persistent Felony Offender

Montana Statutes

§ 46-18-502 — Sentencing Of Persistent Felony Offender

Montana § 46-18-502

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 5Persistent Felony Offenders

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Bluebook

Mont. Code Ann. § 46-18-502 (2026).

Text

46-18-502 . Sentencing of persistent felony offender.

(1)Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.

(2)Except as provided in 46-18-219 , an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:

(a)the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202 ,

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46-18-502 . Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.
(2) Except as provided in 46-18-219 , an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:
(a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202 , at the time of the offender's previous felony conviction;
(b) less than 5 years have elapsed between the commission of the present offense and:
(i) the previous felony conviction; or
(ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and
(c) the offender was 21 years of age or older at the time of the commission of the present offense.
(3) Except as provided in 46-18-222 , the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.
(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.

Legislative History

En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(2), (3); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 327, L. 1981; amd. Sec. 16, Ch. 482, L. 1995; amd. Sec. 12, Ch. 52, L. 1999; amd. Sec. 29, Ch. 321, L. 2017; amd. Sec. 3, Ch. 649, L. 2023.