Montana § 46-18-205 - Mandatory Minimum Sentences -- Restrictions On Deferral Or Suspension

§ 46-18-205. Mandatory Minimum Sentences -- Restrictions On Deferral Or Suspension

Mandatory minimum sentences -- restrictions on deferral or suspension. (1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment: (a) 45-5-503 , sexual intercourse without consent; (b) 45-5-504 , indecent exposure; (c) 45-5-507 , incest; or (d) 45-8-218 , deviate sexual conduct. (2) Except as provided in 45-9-202 and 46-18-222 , the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended: (a) 45-5-103 (4), mitigated deliberate homicide; (b) 45-5-202 , aggravated assault; (c) 45-5-302 (2), kidnapping; (d) 45-5-303 (2), aggravated kidnapping; (e) 45-5-401 (2), robbery; (f) 45-5-502 (3) and (4), sexual assault; (g) 45-5-503 (2) and (3), sexual intercourse without consent; and (h) 45-5-706 , aggravated sex trafficking. (3) Except as provided in 46-18-222 , the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102 , deliberate homicide, may not be deferred or suspended. (4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 .