Montana Code 46-18-205. Mandatory minimum sentences — restrictions on deferral or suspension
46-18-205. Mandatory minimum sentences — restrictions on deferral or suspension. (1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:
Terms Used In Montana Code 46-18-205
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
(a)45-5-503, sexual intercourse without consent;
(b)45-5-504, indecent exposure;
(c)45-5-507, incest; or
(d)45-8-218, deviate sexual conduct.
(2)Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:
(a)45-5-103(4), mitigated deliberate homicide;
(b)45-5-202, aggravated assault;
(c)45-5-302(2), kidnapping;
(d)45-5-303(2), aggravated kidnapping;
(e)45-5-401(2), robbery;
(f)45-5-502(3) and (4), sexual assault;
(g)45-5-503(2) and (3), sexual intercourse without consent; and
(h)45-5-706, aggravated sex trafficking.
(3)Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102, deliberate homicide, may not be deferred or suspended.
(4)The provisions of this section do not apply to sentences imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711.