Montana § 46-18-104 - Definitions

§ 46-18-104. Definitions

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) (a) "Crime of violence" means: (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; (ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or (iii) an offense under: (A) 45-5-215 ; (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; (C) 45-5-503 , except as provided in subsection (2)(b) of this section; (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; (E) 45-5-508 ; (F) 45-5-702 ; (G) 45-5-703 ; (H) 45-5-705 ; (I) 45-5-706 ; (J) 45-5-711 ; or (K) 45-5-802 (1). (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 .