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

Mont. Code Ann. § 46-18-243 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-243 Definitions

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Definitions

46-18-243. Definitions. For purposes of 46-18-241 through 46-18-249, the following definitions apply:

(1) "Pecuniary loss" means:

(a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the offender's criminal activities, including without limitation out-of-pocket losses, such as medical expenses, loss of income, expenses reasonably incurred in obtaining ordinary and necessary services that the victim would have performed if not injured, expenses reasonably incurred in attending court proceedings related to the commission of the offense, and reasonable expenses related to funeral and burial or crematory services;

(b) the full replacement cost of property taken, destroyed, harmed, or otherwise devalued as a result of the offender's criminal conduct;

(c) future medical expenses that the victim can reasonably be expected to incur as a result of the offender's criminal conduct, including the cost of psychological counseling, therapy, and treatment; and

(d) reasonable out-of-pocket expenses incurred by the victim in filing charges or in cooperating in the investigation and prosecution of the offense.

(2) (a) "Victim" means:

(i) a person who suffers loss of property, bodily injury, or death as a result of:

(A) the commission of an offense;

(B) the good faith effort to prevent the commission of an offense; or

(C) the good faith effort to apprehend a person reasonably suspected of committing an offense;

(ii) the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim;

(iii) a governmental entity that:

(A) suffers loss of property as a result of the commission of an offense in this state;

(B) incurs costs or losses during the commission or investigation of an escape, as defined in 45-7-306, or during the apprehension or attempted apprehension of the escapee; or

(C) incurs costs or losses as result of extraditing an offender from an out-of-state jurisdiction to Montana;

(iv) an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss;

(v) the crime victims compensation and assistance program established under Title 53, chapter 9, part 1, to the extent that it has reimbursed a victim for pecuniary loss; and

(vi) any person or entity whom the offender has voluntarily agreed to reimburse as part of a voluntary plea bargain.

(b) Victim does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.

History: En. Sec. 3, Ch. 426, L. 1983; amd. Sec. 15, Ch. 125, L. 1995; amd. Sec. 2, Ch. 26, L. 1997; amd. Sec. 5, Ch. 272, L. 2003; amd. Sec. 1, Ch. 103, L. 2015.

Notes of Decisions
Cited in 86 cases (13 in the last 5 years), 1989–2026 · leading case: State v. Good, 2004 MT 296 (Mont. 2004).
Sort: Relevance Newest Treatment
State v. Good, 2004 MT 296 (Mont. 2004). · cites it 31× “The court granted the request for the mortgage and surveillance costs, but denied restitution for the legal bills.”
State v. Benoit, 2002 MT 166 (Mont. 2002). · cites it 21× “Section 46-18-243(1), MCA (1997), defines pecuniary loss as follows: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the…”
State v. Essig, 2009 MT 340 (Mont. 2009). · cites it 22× “¶ 19 Essig also contends that restitution imposed by the District Court for travel expenses to counseling incurred by the Prellwitz children, blood testing for one of the children, and the cost of six memory cards for a digital camera are not within the meaning of "pecuniary…”
State v. Coluccio, 2009 MT 273 (Mont. 2009). · cites it 24× “Section 46-18-243(1), MCA. A "victim" is the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim.”
State v. Barrick, 2015 MT 94 (Mont. 2015). · cites it 40× “Two subsections of this provision are relevant here, as follows: (1) “Pecuniary loss” means: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or…”
State v. McMaster, 2008 MT 268 (Mont. 2008). · cites it 22× “The District Court complied fully with the controlling statutes to the extent that it considered Wright's written statement and credited the "non-expert, undocumented testimony" presented by Wright during the sentencing hearing.”
State v. Aragon, 2014 MT 89 (Mont. 2014). · cites it 15× “9 As a pecuniary loss is defined to be those damages that would be recoverable in a civil action, § 46-18-243(1)(a), MCA, there must be a preponderance of the evidence supporting the restitution award.”
State v. McClelland, 2015 MT 281 (Mont. 2015). · cites it 14× “Section 46-18-243(1), MCA. While the Rules of Evidence do not apply at sentencing, a defendant has a due process right to explain, argue and rebut any information presented at the hearing.”
State v. Jent, 2013 MT 93 (Mont. 2013). · cites it 14× “STANDARDS OF REVIEW ¶9 Pursuant to § 46-18-201(5), MCA, if a person has been found guilty of an offense, whether by a verdict of guilty or by a plea of guilty or nolo contendere, and the sentencing judge finds that a “victim” has sustained a “pecuniary loss,” as defined in §…”
State v. Brewer, 1999 MT 269 (Mont. 1999). · cites it 24× “¶10 Appellant argues that “pecuniary loss” as defined by § 46-18-243, MCA, covers only an amount equal to the figure by which she enriched herself at the expense of her victim.”
State v. Patterson, 2016 MT 289 (Mont. 2016). · cites it 12× “Because the unpaid wages were neither an out-of-pocket expense under § 46-18-243(1)(d), MCA, nor a damage that the victims could recover “in a civil action arising out of the facts or events” of the crime under § 46-18-243(1)(a), MCA, we held that the wages were not properly…”
State v. Walker, 2007 MT 205 (Mont. 2007). · cites it 12× “" Section 46-18-243(1)(a), MCA. The restitution sentence was imposed on the bail-jumping charge.”
Show all 86 citing cases →
— Mont. Code Ann. § 46-18-243(1) — 30 cases
State v. Essig, 2009 MT 340 (Mont. 2009). “¶ 19 Essig also contends that restitution imposed by the District Court for travel expenses to counseling incurred by the Prellwitz children, blood testing for one of the children, and the cost of six memory cards for a digital camera are not within the meaning of "pecuniary…”
State v. Coluccio, 2009 MT 273 (Mont. 2009). “Section 46-18-243(1), MCA. A "victim" is the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim.”
State v. Good, 2004 MT 296 (Mont. 2004). “The court granted the request for the mortgage and surveillance costs, but denied restitution for the legal bills.”
State v. Barrick, 2015 MT 94 (Mont. 2015). “Two subsections of this provision are relevant here, as follows: (1) “Pecuniary loss” means: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or…”
State v. Dunkerson, 2003 MT 234 (Mont. 2003).
— Mont. Code Ann. § 46-18-243(1)(a) — 34 cases
State v. McMaster, 2008 MT 268 (Mont. 2008). “The District Court complied fully with the controlling statutes to the extent that it considered Wright's written statement and credited the "non-expert, undocumented testimony" presented by Wright during the sentencing hearing.”
State v. Benoit, 2002 MT 166 (Mont. 2002). “Section 46-18-243(1), MCA (1997), defines pecuniary loss as follows: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the…”
State v. Barrick, 2015 MT 94 (Mont. 2015). “Two subsections of this provision are relevant here, as follows: (1) “Pecuniary loss” means: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or…”
State v. Coluccio, 2009 MT 273 (Mont. 2009). “Section 46-18-243(1), MCA. A "victim" is the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim.”
State v. R. Pierre, 2020 MT 160 (Mont. 2020).
— Mont. Code Ann. § 46-18-243(1)(a)(iv) — 1 case
State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
— Mont. Code Ann. § 46-18-243(1)(b) — 8 cases
State v. Aragon, 2014 MT 89 (Mont. 2014). “9 As a pecuniary loss is defined to be those damages that would be recoverable in a civil action, § 46-18-243(1)(a), MCA, there must be a preponderance of the evidence supporting the restitution award.”
State v. Benoit, 2002 MT 166 (Mont. 2002). “Section 46-18-243(1), MCA (1997), defines pecuniary loss as follows: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the…”
State v. J. Hill, 2016 MT 219 (Mont. 2016).
State v. T. Peterson (Mont. 2026).
In Re Tmr, 2006 MT 246 (Mont. 2006).
— Mont. Code Ann. § 46-18-243(1)(c) — 2 cases
State v. Preston Hanna, 2014 MT 346 (Mont. 2014).
State v. Richard Jenkins, 2015 MT 53N (Mont. 2015).
— Mont. Code Ann. § 46-18-243(1)(d) — 3 cases
State v. Lowry, 446 P.3d 1148 (Mont. 2019).
State v. Patterson, 2016 MT 289 (Mont. 2016). “Because the unpaid wages were neither an out-of-pocket expense under § 46-18-243(1)(d), MCA, nor a damage that the victims could recover “in a civil action arising out of the facts or events” of the crime under § 46-18-243(1)(a), MCA, we held that the wages were not properly…”
State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
— Mont. Code Ann. § 46-18-243(2) — 5 cases
State v. McClelland, 2015 MT 281 (Mont. 2015). “Section 46-18-243(1), MCA. While the Rules of Evidence do not apply at sentencing, a defendant has a due process right to explain, argue and rebut any information presented at the hearing.”
State v. Good, 2004 MT 296 (Mont. 2004). “The court granted the request for the mortgage and surveillance costs, but denied restitution for the legal bills.”
State v. Ness, 2009 MT 300 (Mont. 2009).
State v. A. LaForge III, 2025 MT 209 (Mont. 2025).
State v. B. Rose, 2021 MT 11N (Mont. 2021).
— Mont. Code Ann. § 46-18-243(2)(a) — 14 cases
State v. Walker, 2007 MT 205 (Mont. 2007). “" Section 46-18-243(1)(a), MCA. The restitution sentence was imposed on the bail-jumping charge.”
State v. LaTray, 2000 MT 262 (Mont. 2000).
State v. Thomas Daniel Bros., 2013 MT 222 (Mont. 2013).
State v. McIntire, 2004 MT 238 (Mont. 2004).
State v. Brownback, 2010 MT 96 (Mont. 2010).
— Mont. Code Ann. § 46-18-243(2)(a)(i) — 5 cases
State v. Jent, 2013 MT 93 (Mont. 2013). “STANDARDS OF REVIEW ¶9 Pursuant to § 46-18-201(5), MCA, if a person has been found guilty of an offense, whether by a verdict of guilty or by a plea of guilty or nolo contendere, and the sentencing judge finds that a “victim” has sustained a “pecuniary loss,” as defined in §…”
State v. Brownback, 2010 MT 96 (Mont. 2010).
State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
State v. B. Rose, 2021 MT 11N (Mont. 2021).
State v. C. Wolfchild, 2025 MT 7N (Mont. 2025).
— Mont. Code Ann. § 46-18-243(2)(a)(i)(A) — 6 cases
State v. Breeding, 2008 MT 162 (Mont. 2008).
State v. Jent, 2013 MT 93 (Mont. 2013). “STANDARDS OF REVIEW ¶9 Pursuant to § 46-18-201(5), MCA, if a person has been found guilty of an offense, whether by a verdict of guilty or by a plea of guilty or nolo contendere, and the sentencing judge finds that a “victim” has sustained a “pecuniary loss,” as defined in §…”
City of Billings v. Edward, 2012 MT 186 (Mont. 2012).
State v. Borsberry, 2006 MT 126 (Mont. 2006).
State v. Fenner, 2014 MT 131 (Mont. 2014).
— Mont. Code Ann. § 46-18-243(2)(a)(ii) — 5 cases
State v. Coluccio, 2009 MT 273 (Mont. 2009). “Section 46-18-243(1), MCA. A "victim" is the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim.”
State v. Ness, 2009 MT 300 (Mont. 2009).
State v. R. Lamb, 2021 MT 302 (Mont. 2021).
State v. K. Mullendore, 2025 MT 282 (Mont. 2025).
State v. A. LaForge III, 2025 MT 209 (Mont. 2025).
— Mont. Code Ann. § 46-18-243(2)(a)(iii) — 3 cases
State v. Johnson, 2000 MT 290 (Mont. 2000).
State v. MacY, 2014 MT 34 (Mont. 2014).
State v. Pfau, 2000 MT 208N (Mont. 2000).
— Mont. Code Ann. § 46-18-243(2)(a)(iv) — 4 cases
State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
State v. Fenner, 2014 MT 131 (Mont. 2014).
State v. Sharp, 2006 MT 301 (Mont. 2006).
State v. Dovey, 2016 MT 118N (Mont. 2016).
— Mont. Code Ann. § 46-18-243(2)(a)(v) — 4 cases
State v. McClelland, 2015 MT 281 (Mont. 2015). “Section 46-18-243(1), MCA. While the Rules of Evidence do not apply at sentencing, a defendant has a due process right to explain, argue and rebut any information presented at the hearing.”
State v. Ness, 2009 MT 300 (Mont. 2009).
State v. McDanold, 2004 MT 167 (Mont. 2004).
State v. McDonald, 2004 MT 167 (Mont. 2004).
— Mont. Code Ann. § 46-18-243(2)(a)(vi) — 2 cases
State v. Essig, 2009 MT 340 (Mont. 2009). “¶ 19 Essig also contends that restitution imposed by the District Court for travel expenses to counseling incurred by the Prellwitz children, blood testing for one of the children, and the cost of six memory cards for a digital camera are not within the meaning of "pecuniary…”
State v. Jones, 2008 MT 440 (Mont. 2008).
— Mont. Code Ann. § 46-18-243(2)(iii) — 1 case
State v. MacY, 2014 MT 34 (Mont. 2014).
— Mont. Code Ann. § 46-18-243(l)(a) — 26 cases
State v. McMaster, 2008 MT 268 (Mont. 2008). “The District Court complied fully with the controlling statutes to the extent that it considered Wright's written statement and credited the "non-expert, undocumented testimony" presented by Wright during the sentencing hearing.”
State v. Good, 2004 MT 296 (Mont. 2004). “The court granted the request for the mortgage and surveillance costs, but denied restitution for the legal bills.”
State v. Benoit, 2002 MT 166 (Mont. 2002). “Section 46-18-243(1), MCA (1997), defines pecuniary loss as follows: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the…”
State v. Barrick, 2015 MT 94 (Mont. 2015). “Two subsections of this provision are relevant here, as follows: (1) “Pecuniary loss” means: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or…”
State v. Jent, 2013 MT 93 (Mont. 2013). “STANDARDS OF REVIEW ¶9 Pursuant to § 46-18-201(5), MCA, if a person has been found guilty of an offense, whether by a verdict of guilty or by a plea of guilty or nolo contendere, and the sentencing judge finds that a “victim” has sustained a “pecuniary loss,” as defined in §…”
— Mont. Code Ann. § 46-18-243(l)(b) — 7 cases
State v. Aragon, 2014 MT 89 (Mont. 2014). “9 As a pecuniary loss is defined to be those damages that would be recoverable in a civil action, § 46-18-243(1)(a), MCA, there must be a preponderance of the evidence supporting the restitution award.”
State v. Benoit, 2002 MT 166 (Mont. 2002). “Section 46-18-243(1), MCA (1997), defines pecuniary loss as follows: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the…”
State v. Jent, 2013 MT 93 (Mont. 2013). “STANDARDS OF REVIEW ¶9 Pursuant to § 46-18-201(5), MCA, if a person has been found guilty of an offense, whether by a verdict of guilty or by a plea of guilty or nolo contendere, and the sentencing judge finds that a “victim” has sustained a “pecuniary loss,” as defined in §…”
State v. Simpson, 2014 MT 175 (Mont. 2014).
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013).
— Mont. Code Ann. § 46-18-243(l)(c) — 2 cases
State v. Bullman, 2009 MT 37 (Mont. 2009).
State v. Passmore, 2014 MT 249 (Mont. 2014).
— Mont. Code Ann. § 46-18-243(l)(d) — 2 cases
State v. Good, 2004 MT 296 (Mont. 2004). “The court granted the request for the mortgage and surveillance costs, but denied restitution for the legal bills.”
State v. Patterson, 2016 MT 289 (Mont. 2016). “Because the unpaid wages were neither an out-of-pocket expense under § 46-18-243(1)(d), MCA, nor a damage that the victims could recover “in a civil action arising out of the facts or events” of the crime under § 46-18-243(1)(a), MCA, we held that the wages were not properly…”
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.