46-18-221. Additional sentence for offenses committed with dangerous weapon.
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/mt/title-46/chapter-18/part-2/46-18-221·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-18-221 . Additional sentence for offenses committed with dangerous weapon.
(1)If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222 .
(2)If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222 . For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section:
(a)a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and
(b)a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon.
(3)The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222 .
(4)An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.