Murder in Montana law
Murder in Montana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Montana.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly below the median for the entire country.[1]
Penalties
[edit]| Offense | Mandatory sentencing |
|---|---|
| Aiding or soliciting suicide | Up to 10 years in prison |
| Negligent homicide | Up to 20 years in prison |
| Vehicular homicide while under influence | Up to 30 years |
| Mitigated deliberate homicide | 2 to 40 years in prison |
| Deliberate homicide |
|
Under Montana law, prosecutors can charge minors as young as 12 years old as adults for certain crimes, including deliberate homicide (whether mitigated or not), or attempted deliberate or mitigated homicide.[3]
Under Montana law, deliberate homicide is punishable by death when committed:[4]
- By an offender while in official detention;
- By an offender who had been previously convicted of another deliberate homicide;
- By means of torture;
- By lying in wait or ambush;
- As a part of a scheme or operation that, if completed, would result in the death of more than one person;
- During the course of committing sexual assault, sexual intercourse without consent, deviate sexual conduct, or incest, and the victim was less than 18 years of age.
- Against a peace officer killed while performing the officer's duty.
See also
[edit]Notes
[edit]- ^ Capital punishment has been indefintely suspended by court order in Montana since 2015.
References
[edit]- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ^ "Montana Criminal Justice System EAQs #1" (PDF).
- ^ "NACDL - Excessive Sentencing Project - Montana". NACDL - National Association of Criminal Defense Lawyers. Citing MCA 41-5-206.
- ^ Montana Code § 46-18-303. Aggravating circumstances.
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