Montana Code Annotated 2023

TITLE 45. CRIMES

CHAPTER 5. OFFENSES AGAINST THE PERSON

Part 2. Assault and Related Offenses

Sentence Enhancement -- Offenses Committed Because Of Victim's Race, Creed, Religion, Color, National Origin, Or Involvement In Civil Rights Or Human Rights Activities

45-5-222. Sentence enhancement -- offenses committed because of victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities. (1) A person who has pleaded guilty or nolo contendere to or who has been found guilty of any offense, except malicious intimidation or harassment, that was committed because of the victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities or that involved damage, destruction, or attempted destruction of a building regularly used for religious worship, in addition to the punishment provided for commission of the offense, may, if the provisions of 46-1-401 have been complied with, be sentenced to a term of imprisonment of not less than 2 years or more than 10 years, except as provided in 46-18-222.

(2) An additional sentence prescribed by subsection (1) must run consecutively to the sentence, except as provided in 46-18-222.

History: En. Sec. 3, Ch. 570, L. 1989; amd. Sec. 3, Ch. 395, L. 1999; amd. Sec. 2, Ch. 524, L. 2001.