Mont. Code Ann. § 46-18-104 – Definitions

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:

(1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303.
(2)
1. (a) "Crime of violence" means:
  1. (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;
  2. (ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or
  3. (iii) an offense under:
    1. (A) 45-5-215;
    2. (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;
    3. (C) 45-5-503, except as provided in subsection (2)(b) of this section;
    4. (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;
    5. (E) 45-5-508;
    6. (F) 45-5-702;
    7. (G) 45-5-703;
    8. (H) 45-5-705;
    9. (I) 45-5-706;
    10. (J) 45-5-711; or
    11. (K) 45-5-802(1).
2. (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.
(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.
(4) "Restorative justice" has the meaning provided in 44-7-302.

History: En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001; amd. Sec. 1, Ch. 177, L. 2013; amd. Sec. 1, Ch. 132, L. 2019; amd. Sec. 9, Ch. 308, L. 2019; amd. Sec. 23, Ch. 167, L. 2023; amd. Sec. 8, Ch. 484, L. 2025.