{"data":{"id":"us-mt/46-18-502","jurisdiction":"us-mt","citation":"46-18-502","heading":"Sentencing of persistent felony offender.","body":"(1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.\n(2) Except as provided in 46-18-219, an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:\n(a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202, at the time of the offender's previous felony conviction;\n(b) less than 5 years have elapsed between the commission of the present offense and:\n(i) the previous felony conviction; or\n(ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and\n(c) the offender was 21 years of age or older at the time of the commission of the present offense.\n(3) Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.\n(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 18. SENTENCE AND JUDGMENT","Part 5. Persistent Felony Offenders"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0050/section_0020/0460-0180-0050-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:52Z","sha256":"33eec876e3783271a8a691f8752f916e3c39dedc8aca3b82ddd8d958ba183ead","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-501","next":"us-mt/46-18-503"},"notice":"GroundRules: Original legal text. Not legal advice."}