§ 46-1-401 Penalty enhancement — pleading, proof, and mental state requirements

Terms Used In Montana Code > Title 46 > Chapter 1 > Part 4 - Incarceration Enhancement

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Verdict: The decision of a petit jury or a judge.