Montana Code Annotated

Mont. Code Ann. § 46-18-222 (2026)

Exceptions To Mandatory Minimum Sentences, Restrictions On Deferred Imposition And Suspended Execution Of Sentence, And Restrictions On Parole Eligibility

✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Exceptions To Mandatory Minimum Sentences, Restrictions On Deferred Imposition And Suspended Execution Of Sentence, And Restrictions On Parole Eligibility

46-18-222. Exceptions to mandatory minimum sentences, restrictions on deferred imposition and suspended execution of sentence, and restrictions on parole eligibility. Mandatory minimum sentences prescribed by the laws of this state, mandatory life sentences prescribed by 46-18-219, the restrictions on deferred imposition and suspended execution of sentence prescribed by 45-9-101(6), 45-9-103(3), 46-18-201(1)(b), 46-18-205, 46-18-221(3), 46-18-224, and 46-18-502(3), and restrictions on parole eligibility prescribed by 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), 45-5-711, 45-9-101(6), and 45-9-103(3) do not apply if:

(1) the offender was less than 18 years of age at the time of the commission of the offense for which the offender is to be sentenced;

(2) the offender's mental capacity, at the time of the commission of the offense for which the offender is to be sentenced, was significantly impaired, although not so impaired as to constitute a defense to the prosecution. However, a voluntarily induced intoxicated or drugged condition may not be considered an impairment for the purposes of this subsection.

(3) the offender, at the time of the commission of the offense for which the offender is to be sentenced, was acting under unusual and substantial duress, although not such duress as would constitute a defense to the prosecution;

(4) the offender was an accomplice, the conduct constituting the offense was principally the conduct of another, and the offender's participation was relatively minor;

(5) except for offenses committed under 45-5-706 and 45-5-711, in a case in which the threat of bodily injury or actual infliction of bodily injury is an actual element of the crime, no serious bodily injury was inflicted on the victim unless a weapon was used in the commission of the offense; or

(6) the offense was committed under 45-5-502(3), 45-5-508, or 45-5-601(3) and the judge determines, based on the findings contained in a psychosexual evaluation report prepared by a qualified sexual offender evaluator pursuant to the provisions of 46-23-509, that treatment of the offender while incarcerated, while in a residential treatment facility, or while in a local community affords a better opportunity for rehabilitation of the offender and for the ultimate protection of the victim and society, in which case the judge shall include in its judgment a statement of the reasons for its determination.

History: En. 95-2206.18 by Sec. 14, Ch. 584, L. 1977; R.C.M. 1947, 95-2206.18; amd. Sec. 3, Ch. 322, L. 1979; amd. Sec. 1, Ch. 396, L. 1979; amd. Sec. 2, Ch. 207, L. 1981; amd. Sec. 2, Ch. 327, L. 1981; amd. Sec. 2, Ch. 392, L. 1983; amd. Sec. 1, Ch. 532, L. 1983; amd. Sec. 105, Ch. 370, L. 1987; amd. Sec. 3, Ch. 564, L. 1991; amd. Sec. 46, Ch. 262, L. 1993; amd. Sec. 12, Ch. 125, L. 1995; amd. Sec. 14, Ch. 482, L. 1995; amd. Sec. 8, Ch. 52, L. 1999; amd. Sec. 17, Ch. 483, L. 2007; amd. Sec. 1, Ch. 30, L. 2013; amd. Sec. 13, Ch. 374, L. 2013; amd. Sec. 2, Ch. 110, L. 2015; amd. Sec. 22, Ch. 285, L. 2015; amd. Sec. 5, Ch. 279, L. 2017; amd. Sec. 27, Ch. 321, L. 2017; amd. Sec. 30, Ch. 167, L. 2023; amd. Sec. 3, Ch. 543, L. 2023.

Notes of Decisions

Cited in 78 cases (12 in the last 5 years), 1979–2025 · leading case: State v. Brendal, 2009 MT 236 (Mont. 2009).

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State v. Brendal, 2009 MT 236 (Mont. 2009). · cites it 26× “Brendal did not challenge the evidence in support of her designation as a PFO, or otherwise argue that any of the statutory exceptions in § 46-18-222, MCA, applied; rather, she asserted that the ASA statute was a more specific statute in this caseas it related specifically to…”

State v. Olivares-Coster, 2011 MT 196 (Mont. 2011). · cites it 46× “¶ 8 Olivares-Coster asserts that the District Court incorrectly concluded that his parole eligibility would automatically be restricted for 60 years, because such a restriction is precluded by § 46-18-222(1), MCA. He concedes no objection was raised at the trial level, but…”

State v. Webb, 2005 MT 5 (Mont. 2005). · cites it 20× “the offender must be sentenced to life in prison, unless the death penalty is applicable and imposed: (iii) 45-5-503, sexual intercourse without consentL] ¶13 The Legislature further provided that the mandatory minimum sentence required under § 46-18-219, MCA, does not apply if…”

State v. Legg, 2004 MT 26 (Mont. 2004). · cites it 26× “Section 46-18-222(2), MCA, provides that a district court may sentence a criminal defendant to less than the statutory mandatory minimum sentence when "the offender's mental capacity, at the time of the commission of the offense for which the offender is to be sentenced, was…”

State v. Zabawa, 928 P.2d 151 (Mont. 1996). · cites it 30× “Did the District Court abuse its discretion in failing to apply the exceptions to the mandatory minimum sentence contained in § 46-18-222, MCA? The State of Montana (State) charged Zabawa with felony assault, in violation of § 45-5-202(2)(a) or (b), MCA, in February of 1995.”

State v. Graveley, 915 P.2d 184 (Mont. 1996). · cites it 44× “Pursuant to § 46-18-222, MCA (1993), Graveley argued that exceptions exist by which the District Court should have sentenced him to less than the mandatory minimum sentence.”

State v. Bailey, 2004 MT 87 (Mont. 2004). · cites it 19× “Section 46-18-205(1), MCA, provides that where the victim of certain enumerated offenses “was less than 16 years old, the imposition or execution of the first 30 days of a sentence of imprisonment... may not be deferred or suspended and the provisions of 46-18-222 do not apply…”

State v. Arlington, 875 P.2d 307 (Mont. 1994). · cites it 17× “Section 45-5-202(3), MCA, provides that “[a] person convicted of aggravated assault shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, except as provided in 46-18-222.”

State v. Hubbard, 649 P.2d 1331 (Mont. 1982). · cites it 24× “The District Court found that although there was "a certain amount of duress" in this case, it was not "unusual or substantial," triggering section 46-18-222, MCA. There was sufficient evidence in the record to support the District Court's determination, and we uphold it here.”

State v. Hamilton, 428 P.3d 849 (Mont. 2018). · cites it 20× “Sections 46-18-222 and -223, MCA, require a district court judge to determine whether to apply a mandatory minimum sentence exception based on "a preponderance of the information, including information submitted during the trial, during the sentencing hearing, and in so much of…”

State v. Keith, 2000 MT 23 (Mont. 2000). · cites it 34× “" Section 46-18-222, MCA, provides, in pertinent part, Exceptions to mandatory minimum sentences and restrictions on deferred imposition and suspended execution of sentence.”

State v. Rogers, 2007 MT 227 (Mont. 2007). · cites it 14× “Rogers also points out that none of Lemons' conclusions came from the two tests in which Rogers raised his Fifth Amendment right against self-incrimination, and from which the State characterized Rogers as uncooperative. Therefore, Rogers argues, the exception to the mandatory…”

Show all 78 citing cases →

— Mont. Code Ann. § 46-18-222(1) — 6 cases

State v. Olivares-Coster, 2011 MT 196 (Mont. 2011). “¶ 8 Olivares-Coster asserts that the District Court incorrectly concluded that his parole eligibility would automatically be restricted for 60 years, because such a restriction is precluded by § 46-18-222(1), MCA. He concedes no objection was raised at the trial level, but…”

State v. Christopher Lewis, 2012 MT 157 (Mont. 2012).

Beach v. State, 2015 MT 118 (Mont. 2015).

State v. Nichols, 720 P.2d 1157 (Mont. 1986).

State v. M. Wright, 2021 MT 239 (Mont. 2021).

— Mont. Code Ann. § 46-18-222(2) — 18 cases

State v. Legg, 2004 MT 26 (Mont. 2004). “Section 46-18-222(2), MCA, provides that a district court may sentence a criminal defendant to less than the statutory mandatory minimum sentence when "the offender's mental capacity, at the time of the commission of the offense for which the offender is to be sentenced, was…”

State v. Zabawa, 928 P.2d 151 (Mont. 1996). “Did the District Court abuse its discretion in failing to apply the exceptions to the mandatory minimum sentence contained in § 46-18-222, MCA? The State of Montana (State) charged Zabawa with felony assault, in violation of § 45-5-202(2)(a) or (b), MCA, in February of 1995.”

State v. Keith, 2000 MT 23 (Mont. 2000). “" Section 46-18-222, MCA, provides, in pertinent part, Exceptions to mandatory minimum sentences and restrictions on deferred imposition and suspended execution of sentence.”

State v. Zampich, 667 P.2d 955 (Mont. 1983).

State v. Stroud, 683 P.2d 459 (Mont. 1984).

— Mont. Code Ann. § 46-18-222(3) — 9 cases

State v. Webb, 2005 MT 5 (Mont. 2005). “the offender must be sentenced to life in prison, unless the death penalty is applicable and imposed: (iii) 45-5-503, sexual intercourse without consentL] ¶13 The Legislature further provided that the mandatory minimum sentence required under § 46-18-219, MCA, does not apply if…”

State v. Hubbard, 649 P.2d 1331 (Mont. 1982). “The District Court found that although there was "a certain amount of duress" in this case, it was not "unusual or substantial," triggering section 46-18-222, MCA. There was sufficient evidence in the record to support the District Court's determination, and we uphold it here.”

State v. Rogers, 2007 MT 227 (Mont. 2007). “Rogers also points out that none of Lemons' conclusions came from the two tests in which Rogers raised his Fifth Amendment right against self-incrimination, and from which the State characterized Rogers as uncooperative. Therefore, Rogers argues, the exception to the mandatory…”

State v. Arlington, 875 P.2d 307 (Mont. 1994). “Section 45-5-202(3), MCA, provides that “[a] person convicted of aggravated assault shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, except as provided in 46-18-222.”

State v. Tucker, 2000 MT 255 (Mont. 2000).

— Mont. Code Ann. § 46-18-222(4) — 5 cases

State v. Hamilton, 428 P.3d 849 (Mont. 2018). “Sections 46-18-222 and -223, MCA, require a district court judge to determine whether to apply a mandatory minimum sentence exception based on "a preponderance of the information, including information submitted during the trial, during the sentencing hearing, and in so much of…”

State v. Madera, 670 P.2d 552 (Mont. 1983).

State v. Sprinkle, 2000 MT 188 (Mont. 2000).

State v. Tucker, 2000 MT 255 (Mont. 2000).

State v. Montoya, 2003 MT 75N (Mont. 2003).

— Mont. Code Ann. § 46-18-222(5) — 8 cases

State v. Goodwin, 813 P.2d 953 (Mont. 1991).

State v. Duffy, 2000 MT 186 (Mont. 2000).

State v. Cleveland, 2014 MT 305 (Mont. 2014).

State v. Van Robinson, 813 P.2d 967 (Mont. 1991).

State v. Rambold, 2014 MT 116 (Mont. 2014).

— Mont. Code Ann. § 46-18-222(6) — 15 cases

State v. Flanagan, 2003 MT 123 (Mont. 2003).

State v. W. Smith, 2021 MT 148 (Mont. 2021).

State v. Clark, 2008 MT 391 (Mont. 2008).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.