Montana Statutes
§ 45-5-106 — Vehicular Homicide While Under Influence
45-5-106 . Vehicular homicide while under influence.
(1)A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 .
(2)Vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102 (1)(b).
(3)A person convicted of vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred.
(4)If the victim has a surviving minor child, a person convicted of vehicular homicide while under the influence must be ordered to pay restitution pursuant
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Montana § 45-5-106 (Vehicular Homicide While Under Influence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. Sec. 1, Ch. 426, L. 2005; amd. Sec. 2, Ch. 153, L. 2013; amd. Sec. 20, Ch. 498, L. 2021; amd. Sec. 2, Ch. 509, L. 2025.
Nearby Sections
15
§ 45-5-101
Repealed§ 45-5-102
Deliberate Homicide§ 45-5-103
Mitigated Deliberate Homicide§ 45-5-104
Negligent Homicide§ 45-5-105
Aiding Or Soliciting Suicide§ 45-5-106
Vehicular Homicide While Under Influence§ 45-5-108
Through 45-5-110 Reserved§ 45-5-112
Inference Of Mental State§ 45-5-113
Through 45-5-115 Reserved§ 45-5-116
Harm To Fetus Of Another -- Exceptions§ 45-5-201
Assault§ 45-5-202
Aggravated Assault§ 45-5-203
Intimidation