Montana § 45-5-106 Vehicular Homicide While Under Influence

Montana Statutes

§ 45-5-106 — Vehicular Homicide While Under Influence

Montana § 45-5-106

Title 45CRIMES

Ch. 5OFFENSES AGAINST THE PERSON

Part 1Homicide

This text of Montana § 45-5-106 (Vehicular Homicide While Under Influence) 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. § 45-5-106 (2026).

Text

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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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 to 46-18-240 .