Montana § 45-5-107 Aggravated Vehicular Homicide While Under The Influence

Montana Statutes

§ 45-5-107 — Aggravated Vehicular Homicide While Under The Influence

Montana·Title 45 CRIMES·Ch. 5 OFFENSES AGAINST THE PERSON·Part 1 Homicide

45-5-107 . Aggravated vehicular homicide while under the influence.

(1)A person commits the offense of aggravated vehicular homicide while under the influence if the person causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d) and in violation of aggravated driving under the influence as defined in 61-8-1001 .

(2)Aggravated 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 aggravated vehicular homicide while under the influence shall be imprisoned in a state prison for a term of not less than 3 years or more than 30 years or be fined an amount of at least $10,000 not to exceed $50,000, or both. Imposi

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45-5-107 . Aggravated vehicular homicide while under the influence. (1) A person commits the offense of aggravated vehicular homicide while under the influence if the person causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d) and in violation of aggravated driving under the influence as defined in 61-8-1001 .
(2) Aggravated 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 aggravated vehicular homicide while under the influence shall be imprisoned in a state prison for a term of not less than 3 years or more than 30 years or be fined an amount of at least $10,000 not to exceed $50,000, or both. Imposition of a sentence may not be deferred. The court may not suspend execution of the first 3 years of a sentence of imprisonment imposed under this subsection except as provided in 46-18-222 (1) through (5).

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