Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 2. Form of Sentence
Montana Code Annotated

Mont. Code Ann. § 46-18-213 (2026)

When No Penalty Is Specified -- Felony

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-213 When no penalty is specified -- felony

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

When No Penalty Is Specified -- Felony

46-18-213. When no penalty is specified -- felony. The court, in imposing sentence upon an offender convicted of an offense which is designated as a felony and no penalty is otherwise provided, may sentence the offender for any term not to exceed 10 years in the state prison or may fine the offender in an amount not to exceed $50,000 or may impose both such fine and imprisonment.

History: En. 95-2206.4 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.4; amd. Sec. 7, Ch. 198, L. 1981.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2026 · leading case: State v. Becker, 2005 MT 75 (Mont. 2005).
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State v. Becker, 2005 MT 75 (Mont. 2005). · cites it 10× “¶ 34 Nevertheless, even if Becker were correct that the penalty for producing methamphetamine is not specified in § 45-9-110(4), MCA, the default penalty statute would be § 46-18-213, MCA, not § 46-18-212, MCA, as Becker contends.”
State v. Gollehon, 864 P.2d 249 (Mont. 1993). · cites it 5× “Section 46-18-213, NCA, mandates that when no penalty is otherwise provided for a felony, the sentencing court may sentence for any term not to exceed 10 years in the state prison, a fine not to exceed $50,000, or both.”
State v. N. Cole, 2026 MT 52 (Mont. 2026). · cites it 3× “¶77 The State’s argument that we should instead look to the general penalty provisions of § 46-18-213, MCA, to fill the void is a distraction from our clear duty.”
State v. Gollehon, 864 P.2d 249 (Mont. 1993). · cites it 3× “Section 46-18-213, MCA, mandates that when no penalty is otherwise provided for a felony, the sentencing court may sentence for any term not to exceed 10 years in the state prison, a fine not to exceed $50,000, or both.”
State v. Gollehon (Mont. 1993). · cites it 2× “Section 46-18-213, NCA, mandates that when no penalty is otherwise provided for a felony, the sentencing court may sentence for any term not to exceed 10 years in the state prison, a fine not to exceed $50,000, or both.”
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