Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 3. Death Penalty
Montana Code Annotated

Mont. Code Ann. § 46-18-305 (2026)

Effect Of Aggravating And Mitigating Circumstances

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 3
  5. 46-18-305 Effect of aggravating and mitigating circumstances

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 3. Death Penalty

Effect Of Aggravating And Mitigating Circumstances

46-18-305. Effect of aggravating and mitigating circumstances. In determining whether to impose a sentence of death or imprisonment, the court shall take into account the aggravating and mitigating circumstances enumerated in 46-18-303 and 46-18-304 and shall impose a sentence of death if the trier of fact found beyond a reasonable doubt, or the defendant pleaded guilty to the offense and admitted to, one or more aggravating circumstances and the court finds that there are no mitigating circumstances sufficiently substantial to call for leniency. If the court does not impose a sentence of death and one of the aggravating circumstances listed in 46-18-303 exists, the court may impose a sentence of imprisonment for life or for any term authorized by the statute defining the offense.

History: En. 95-2206.10 by Sec. 5, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.10; amd. Sec. 3, Ch. 154, L. 2003.

Notes of Decisions
Cited in 29 cases, 1979–2004 · leading case: State v. Coleman, 605 P.2d 1000 (Mont. 1979).
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State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 30× “1947, now section 46-18-305 MCA, instructs the sentencing court to take into account the aggravating and mitigating circumstances enumerated in sections 95-2206.”
State v. Smith, 931 P.2d 1272 (Mont. 1996). · cites it 30× “Section 46-18-305, MCA. When a death sentence is imposed, the court must make specific written findings as to the existence or nonexistence of each aggravating or mitigating circumstance set forth in §§ 46-18-303 and -304, MCA.”
Coleman v. State, 633 P.2d 624 (Mont. 1981). · cites it 22× “" (Section 46-18-305, MCA.) Under the above quoted statutes the death penalty is imposed if there is an aggravating circumstance and mitigating circumstances do not call for leniency.”
State v. Sattler, 1998 MT 57 (Mont. 1998). · cites it 18× “Section 46-18-305, MCA. Thus, the District Court in this case was statutorily required to sentence Sattler to death upon the finding of the single aggravating circumstance that he previously had been convicted of a deliberate homicide and the absence of mitigating circumstances…”
Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981). · cites it 12× “Section 46-18-305, MCA, provides that “the court.”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). · cites it 12× “It is provided in § 46-18-305, MCA, that the District Court in determining whether to impose a sentence of death or imprisonment "shall take into account the aggravating and mitigating circumstances enumerated in § 46-18-303, MCA, and § 46-18-304, MCA, and shall impose a…”
State v. Dawson, 761 P.2d 352 (Mont. 1988). · cites it 9× “Does Section 46-18-305, MCA, violate the Eighth Amendment? 11.”
Kills on Top v. State, 901 P.2d 1368 (Mont. 1995). · cites it 7× “Issue 16 Does Montana’s death penalty scheme unconstitutionally prohibit the sentencer from considering a single mitigating factor sufficient to merit leniency? Appellant contends that § 46-18-305, MCA, violates the Eighth and Fourteenth Amendments’ prohibitions against imposing…”
State v. Keith, 754 P.2d 474 (Mont. 1988). · cites it 9× “Section 46-18-305, MCA, states in part: “In determining whether to impose a sentence of death or imprisonment, the court shall take into account the aggravating and mitigating circumstances enumerated in 46-18-303 and 46-18-304 and shall impose a sentence of death if it finds…”
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990). · cites it 6× “Section 46-18-305, MCA. Thus our statues provide for sentencing that is guided yet individualized.”
State v. Smith, 863 P.2d 1000 (Mont. 1993). · cites it 8× “The aggravating factors set forth in 5 46-18-303, MCA, are independent of each other.”
State v. Smith, 705 P.2d 1087 (Mont. 1985). · cites it 6× “” Section 46-18-305, MCA. Defendant contends there was evidence of mitigating factors present and the District Court did not give proper consideration to evidence when making its findings, conclusions and when rendering judgment.”
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