Montana § 46-18-305 - Effect Of Aggravating And Mitigating Circumstances
Full text of Montana Montana Code Annotated § 46-18-305 — Effect Of Aggravating And Mitigating Circumstances, with citation guidance and answers to common questions.
§ 46-18-305. Effect Of Aggravating And Mitigating Circumstances
Effect of aggravating and mitigating circumstances. In determining whether to impose a sentence of death or imprisonment, the court shall take into account the aggravating and mitigating circumstances enumerated in 46-18-303 and 46-18-304 and shall impose a sentence of death if the trier of fact found beyond a reasonable doubt, or the defendant pleaded guilty to the offense and admitted to, one or more aggravating circumstances and the court finds that there are no mitigating circumstances sufficiently substantial to call for leniency. If the court does not impose a sentence of death and one of the aggravating circumstances listed in 46-18-303 exists, the court may impose a sentence of imprisonment for life or for any term authorized by the statute defining the offense.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-18-305
What does Montana Code Annotated § 46-18-305 cover?
Section 46-18-305 ("Effect Of Aggravating And Mitigating Circumstances") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 46-18-305?
A common citation format is "Montana Code Annotated § 46-18-305" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 46-18-305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.