{"data":{"id":"us-mt/46-18-221","jurisdiction":"us-mt","citation":"46-18-221","heading":"Additional sentence for offenses committed with dangerous weapon.","body":"(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.\n(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:\n(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\n(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.\n(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.\n(4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 18. SENTENCE AND JUDGMENT","Part 2. Form of Sentence"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0210/0460-0180-0020-0210.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:51Z","sha256":"5020921c1d38da21925b46e1c915a8be27dab37cf62f68ccbb2ef5d02969ffba","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-220","next":"us-mt/46-18-222"},"notice":"GroundRules: Original legal text. Not legal advice."}