Montana Code 46-18-304. Mitigating circumstances
46-18-304. Mitigating circumstances. (1) Mitigating circumstances are any of the following:
Terms Used In Montana Code 46-18-304
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)The defendant has no significant history of prior criminal activity.
(b)The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c)The defendant acted under extreme duress or under the substantial domination of another person.
(d)The capacity of the defendant to appreciate the criminality of the defendant’s conduct or to conform the defendant’s conduct to the requirements of law was substantially impaired.
(e)The victim was a participant in the defendant’s conduct or consented to the act.
(f)The defendant was an accomplice in an offense committed by another person, and the defendant’s participation was relatively minor.
(g)The defendant, at the time of the commission of the crime, was less than 18 years of age.
(2)The court may consider any other fact that exists in mitigation of the penalty.