Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 1. Policy and Preliminary Procedure
Montana Code Annotated

Mont. Code Ann. § 46-18-104 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 1
  5. 46-18-104 Definitions

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 1. Policy and Preliminary Procedure

Definitions

46-18-104. 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.

History: En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001; amd. Sec. 1, Ch. 177, L. 2013; amd. Sec. 1, Ch. 132, L. 2019; amd. Sec. 9, Ch. 308, L. 2019; amd. Sec. 23, Ch. 167, L. 2023; amd. Sec. 8, Ch. 484, L. 2025.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1993–2023 · leading case: State v. English, 2006 MT 177 (Mont. 2006).
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State v. English, 2006 MT 177 (Mont. 2006). · cites it 16× “Section 46-18-101(f), MCA (2001), states, "Sentencing practices must provide alternatives to imprisonment for the punishment of those nonviolent felony offenders who do not have serious criminal records.”
State v. Hocevar, 2000 MT 157 (Mont. 2000). · cites it 13× “Section 46-18-104 (3), MCA, defines "nonviolent felony offender" as "a person .”
State v. Mason, 2003 MT 371 (Mont. 2003). · cites it 9× “As correctly cited by the State, § 45-2-101(76), MCA, defines “weapon” as “any instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury.”
State v. Ferguson, 2005 MT 343 (Mont. 2005). · cites it 6× “There was no testimony directly that you had the knife, but Tyson Heisler [sic] said, he testified at trial that he wanted you there.”
State v. Barnaby, 2006 MT 203 (Mont. 2006). · cites it 8× “We recognize that operation of a clandestine laboratory constitutes a "violent offense" under the Sexual or Violent Offender Registration Act.”
State v. Renee, 1999 MT 135 (Mont. 1999). · cites it 11× “See § 46-18-104(2), MCA. With this simple proposition we do not disagree.”
State v. Sattler, 1998 MT 57 (Mont. 1998). · cites it 4× “As such, according to Sattler, Martinson's offense was a "crime of violence" under § 46-18-104(2)(c), MCA, which constituted a specific instance of Martinson's conduct admissible under Rule 405, M.”
State v. Pence, 902 P.2d 41 (Mont. 1995). · cites it 6× “) Section 46-18-104(2), MCA, defines a crime of violence as: *230 (a) 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; (b) a crime in which the offender causes a serious bodily injury or…”
State v. Goulet, 921 P.2d 1245 (Mont. 1996). · cites it 2× “Goulet also urges that the court erred in sentencing him to prison because he was a nonviolent felony offender and the crime to which he pled guilty was not a crime of violence under § 46-18-104(3), MCA. Montana law requires the sentencing court to consider alternatives to…”
State v. Stevens, 854 P.2d 336 (Mont. 1993). · cites it 2× “It is undisputed that Stevens is a nonviolent felony offender pursuant to the statutory definition contained in § 46-18-104(3), MCA, of “a person who has entered a plea of guilty to a felony offense other than a crime of violence or who has been convicted of a felony offense…”
State v. Anderson, 934 P.2d 1037 (Mont. 1997). · cites it 15× “At the sentencing hearing, the District Court determined that, pursuant to § 46-18-104(2), MCA (1993), Anderson committed a “crime of violence.”
State v. Preston Hanna, 2014 MT 346 (Mont. 2014). · cites it 7× “A § 46-18-104(2Xa)(i) “crime of violence” and a §46-23-502(13)(a) “violent offense” are different terms with different definitions and significances. Specifically, if a person commits a “crime of violence” — which requires the use of a deadly weapon — he or she no longer may…”
Show all 18 citing cases →
— Mont. Code Ann. § 46-18-104(2) — 4 cases
State v. Barnaby, 2006 MT 203 (Mont. 2006). “We recognize that operation of a clandestine laboratory constitutes a "violent offense" under the Sexual or Violent Offender Registration Act.”
State v. Renee, 1999 MT 135 (Mont. 1999). “See § 46-18-104(2), MCA. With this simple proposition we do not disagree.”
State v. Pence, 902 P.2d 41 (Mont. 1995). “) Section 46-18-104(2), MCA, defines a crime of violence as: *230 (a) 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; (b) a crime in which the offender causes a serious bodily injury or…”
State v. Anderson, 934 P.2d 1037 (Mont. 1997). “At the sentencing hearing, the District Court determined that, pursuant to § 46-18-104(2), MCA (1993), Anderson committed a “crime of violence.”
— Mont. Code Ann. § 46-18-104(2)(a) — 1 case
State v. Mason, 2003 MT 371 (Mont. 2003). “As correctly cited by the State, § 45-2-101(76), MCA, defines “weapon” as “any instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury.”
— Mont. Code Ann. § 46-18-104(2)(a)(i) — 1 case
State v. Ferguson, 2005 MT 343 (Mont. 2005). “There was no testimony directly that you had the knife, but Tyson Heisler [sic] said, he testified at trial that he wanted you there.”
— Mont. Code Ann. § 46-18-104(2)(a)(ii) — 1 case
State v. English, 2006 MT 177 (Mont. 2006). “Section 46-18-101(f), MCA (2001), states, "Sentencing practices must provide alternatives to imprisonment for the punishment of those nonviolent felony offenders who do not have serious criminal records.”
— Mont. Code Ann. § 46-18-104(2)(a)(iii)(C) — 1 case
Stewart v. State, 2015 MT 135N (Mont. 2015).
— Mont. Code Ann. § 46-18-104(2)(aXi) — 1 case
State v. Preston Hanna, 2014 MT 346 (Mont. 2014). “A § 46-18-104(2Xa)(i) “crime of violence” and a §46-23-502(13)(a) “violent offense” are different terms with different definitions and significances. Specifically, if a person commits a “crime of violence” — which requires the use of a deadly weapon — he or she no longer may…”
— Mont. Code Ann. § 46-18-104(2)(b) — 3 cases
State v. Hocevar, 2000 MT 157 (Mont. 2000). “Section 46-18-104 (3), MCA, defines "nonviolent felony offender" as "a person .”
State v. Mason, 2003 MT 371 (Mont. 2003). “As correctly cited by the State, § 45-2-101(76), MCA, defines “weapon” as “any instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury.”
State v. Hocevar, 2000 MT 157 (Mont. 2000).
— Mont. Code Ann. § 46-18-104(2)(c) — 2 cases
State v. Sattler, 1998 MT 57 (Mont. 1998). “As such, according to Sattler, Martinson's offense was a "crime of violence" under § 46-18-104(2)(c), MCA, which constituted a specific instance of Martinson's conduct admissible under Rule 405, M.”
State v. Sattler, 1998 MT 57 (Mont. 1998).
— Mont. Code Ann. § 46-18-104(2Xa)(i) — 1 case
State v. Preston Hanna, 2014 MT 346 (Mont. 2014). “A § 46-18-104(2Xa)(i) “crime of violence” and a §46-23-502(13)(a) “violent offense” are different terms with different definitions and significances. Specifically, if a person commits a “crime of violence” — which requires the use of a deadly weapon — he or she no longer may…”
— Mont. Code Ann. § 46-18-104(3) — 9 cases
State v. Renee, 1999 MT 135 (Mont. 1999). “See § 46-18-104(2), MCA. With this simple proposition we do not disagree.”
State v. Hocevar, 2000 MT 157 (Mont. 2000). “Section 46-18-104 (3), MCA, defines "nonviolent felony offender" as "a person .”
State v. Mason, 2003 MT 371 (Mont. 2003). “As correctly cited by the State, § 45-2-101(76), MCA, defines “weapon” as “any instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury.”
State v. Pence, 902 P.2d 41 (Mont. 1995). “) Section 46-18-104(2), MCA, defines a crime of violence as: *230 (a) 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; (b) a crime in which the offender causes a serious bodily injury or…”
State v. Goulet, 921 P.2d 1245 (Mont. 1996). “Goulet also urges that the court erred in sentencing him to prison because he was a nonviolent felony offender and the crime to which he pled guilty was not a crime of violence under § 46-18-104(3), MCA. Montana law requires the sentencing court to consider alternatives to…”
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