{"data":{"id":"us-mt/46-18-104","jurisdiction":"us-mt","citation":"46-18-104","heading":"Definitions.","body":"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:\n(1) \"Community corrections\" or \"community corrections facility or program\" means a community corrections facility or program as defined in 53-30-303.\n(2) (a) \"Crime of violence\" means:\n(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;\n(ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or\n(iii) an offense under:\n(A) 45-5-215;\n(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;\n(C) 45-5-503, except as provided in subsection (2)(b) of this section;\n(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;\n(E) 45-5-508;\n(F) 45-5-702;\n(G) 45-5-703;\n(H) 45-5-705;\n(I) 45-5-706;\n(J) 45-5-711; or\n(K) 45-5-802(1).\n(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.\n(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.\n(4) \"Restorative justice\" has the meaning provided in 44-7-302.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 18. SENTENCE AND JUDGMENT","Part 1. Policy and Preliminary Procedure"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0010/section_0040/0460-0180-0010-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:50Z","sha256":"a2cbd19bde1cf02597d42bf08a771781b7ddbb6927b1425d77c2b2e790ec0ac3","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-103","next":"us-mt/46-18-105"},"notice":"GroundRules: Original legal text. Not legal advice."}