Mont. Code § 46-18-104

Current through the 2023 Regular Session
Section 46-18-104 - Definitions

As used in 46-18-101, 46-18-105, 46-18-201, 46-18-225, and this section, unless the context requires otherwise, the following definitions apply:

(1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303.
(2)
(a) "Crime of violence" means:
(i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;
(ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or
(iii) an offense under:
(A)45-5-215;
(B)45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;
(C)45-5-503, except as provided in subsection (2)(b) of this section;
(D)45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;
(E)45-5-508;
(F)45-5-702;
(G)45-5-703;
(H)45-5-705;
(I)45-5-706; or
(J)45-5-711.
(b) In a prosecution under 45-5-503, if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.
(3) "Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.
(4) "Restorative justice" has the meaning provided in 44-7-302.

§ 46-18-104, MCA

Amended by Laws 2023, Ch. 167,Sec. 23, eff. 4/19/2023.
Amended by Laws 2019, Ch. 132,Sec. 1, eff. 10/1/2019.
Amended by Laws 2013, Ch. 177, Sec. 1, eff. 4/12/2013.
En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001.