{"data":{"id":"us-mt/46-18-228","jurisdiction":"us-mt","citation":"46-18-228","heading":"Additional sentence for offenses committed against vulnerable person.","body":"(1) If the provisions of 46-1-401 are complied with, an individual who is found guilty of a misdemeanor offense under Title 45, chapter 5, or a felony offense while employed or volunteering in a caregiving facility and who committed the offense against a vulnerable person in the facility in which the individual was employed or volunteering 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 1 year or more than 10 years, except as provided in 46-18-222.\n(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.\n(3) For the purposes of this section, the following definitions apply:\n(a) \"Caregiving facility\" means:\n(i) a mental health facility as provided in 53-21-102;\n(ii) an assisted living facility licensed under 50-5-227;\n(iii) a long-term care facility, an adult day-care center, a mental health center, a medical assistance facility, or a nonprofit health care facility as provided in 50-5-101;\n(iv) a community group home for developmentally disabled, mentally disabled, or severely disabled persons that does not provide skilled or intermediate nursing care;\n(v) a licensed adult foster family care home;\n(vi) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug-dependent persons;\n(vii) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or a youth group home as provided in 52-2-602;\n(viii) a day-care center, a day-care facility, a family day-care home, or a group day-care home as provided in 52-2-703; or\n(ix) a public or nonpublic school.\n(b) \"Vulnerable person\" means:\n(i) a child; or\n(ii) a vulnerable adult as provided in 52-3-803(11)(b).","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_0280/0460-0180-0020-0280.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:51Z","sha256":"b0f8b6c907a63f40047b4d20eb135bc5fa576ac377e39438b039a5c79be439c0","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-227","next":"us-mt/46-18-229"},"notice":"GroundRules: Original legal text. Not legal advice."}