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Code · Montana · Title 46 — Criminal Procedure · Chapter 18 · Part 2

46-18-205. Mandatory minimum sentences -- restrictions on deferral or suspension.

225 words·~1 min read·/mt/title-46/chapter-18/part-2/46-18-205·

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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:
(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 .
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