Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 5. Persistent Felony Offenders
Montana Code Annotated

Mont. Code Ann. § 46-18-502 (2026)

Sentencing Of Persistent Felony Offender

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 5
  5. 46-18-502 Sentencing of persistent felony offender

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 5. Persistent Felony Offenders

Sentencing Of Persistent Felony Offender

46-18-502. Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.

(2) Except as provided in 46-18-219, an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:

(a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202, at the time of the offender's previous felony conviction;

(b) less than 5 years have elapsed between the commission of the present offense and:

(i) the previous felony conviction; or

(ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and

(c) the offender was 21 years of age or older at the time of the commission of the present offense.

(3) Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.

(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.

History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(2), (3); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 327, L. 1981; amd. Sec. 16, Ch. 482, L. 1995; amd. Sec. 12, Ch. 52, L. 1999; amd. Sec. 29, Ch. 321, L. 2017; amd. Sec. 3, Ch. 649, L. 2023.

Notes of Decisions
Cited in 86 cases (16 in the last 5 years), 1979–2025 · leading case: State v. Damon, 2005 MT 218 (Mont. 2005).
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State v. Damon, 2005 MT 218 (Mont. 2005). · cites it 52× “He contends the District Court arbitrarily designated him as a persistent felony offender in view of the fact that other felony DUI defendants have not been sentenced pursuant to § 46-18-502, MCA, the persistent felony offender statute.”
State v. Gunderson, 2010 MT 166 (Mont. 2010). · cites it 33× “¶34 In imposing sentence on the burglary charge, the District Court explained that while a conviction for burglary normally carries a 20-year maximum penalty, because Gunderson was designated a persistent felony offender, the court intended to sentence him to 100 years on that…”
State v. Brendal, 2009 MT 236 (Mont. 2009). · cites it 38× “In general, the persistent felony offender statute, § 46-18-502, MCA, conflicts with all specific sentencing provisions.”
State v. S. Lehrkamp, 2017 MT 203 (Mont. 2017). · cites it 28× “Lehrkamp argued that he should be sentenced under § 46-18-502(1), MCA, which applies to first-time PFOs and requires a minimum sentence of five years in prison.”
State v. Osborne, 2005 MT 264 (Mont. 2005). · cites it 8× “Accordingly, the State argues, Osborne's sentence was authorized by § 46-18-502, MCA (2003). ¶ 6 The District Court dismissed Osborne's petition for postconviction relief, concluding that the petition failed to state a claim on which relief could be granted.”
State v. Martin, 435 P.3d 73 (Mont. 2019). · cites it 55× “The Judgment ordered that Martin be "designated as a [PFO] for sentencing under § 46-18-501 and § 46-18-502, MCA." At the omnibus hearing, Martin did not challenge the applicability, validity, or accuracy of the 2012 conviction or the PFO designation with that conviction.”
State v. Robinson, 2008 MT 34 (Mont. 2008). · cites it 7× “¶16 When the District Court designated Robinson a persistent felony offender, he became subject to the sentencing provisions of § 46-18-502, MCA, which provides that an offender “shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years.”
State v. Ford, 926 P.2d 245 (Mont. 1996). · cites it 8× “" Ford's sentence clearly falls within the parameters of § 46-18-502, MCA. "Trial judges are granted broad discretion to determine the appropriate punishment.”
State v. Watson, 686 P.2d 879 (Mont. 1984). · cites it 10× “Defendant argues that he was sentenced not for his behavior, but for his illness.”
State v. Garrymore, 2006 MT 245 (Mont. 2006). · cites it 4× “3d 1085, ¶ 4 , in which the appellant claimed that § 61-8-731, MCA (2003) (the felony DUI sentencing statute) conflicted with § 46-18-502, MCA (2003) (the persistent felony offender sentencing statute) and that the district court's sentencing authority was constrained by the…”
State v. Fitzpatrick, 805 P.2d 584 (Mont. 1991). · cites it 18× “A persistent felony offender is sentenced under § 46-18-502, MCA, which states in pertinent part: “(1) Except as provided in subsection (2), a persistent felony offender shall be imprisoned in the state prison for a term of not less *208 than 5 years or more than 100 years or…”
State v. Burns, 2011 MT 167 (Mont. 2011). · cites it 6× “We held that a district court has the authority to designate and sentence a PFO pursuant to § 46-18-502, MCA, “when the underlying charge meets the definition of a felony and the State has provided proper notice of its intent to seek persistent felony offender status under §…”
Show all 86 citing cases →
— Mont. Code Ann. § 46-18-502(1) — 29 cases
State v. Damon, 2005 MT 218 (Mont. 2005). “He contends the District Court arbitrarily designated him as a persistent felony offender in view of the fact that other felony DUI defendants have not been sentenced pursuant to § 46-18-502, MCA, the persistent felony offender statute.”
State v. S. Lehrkamp, 2017 MT 203 (Mont. 2017). “Lehrkamp argued that he should be sentenced under § 46-18-502(1), MCA, which applies to first-time PFOs and requires a minimum sentence of five years in prison.”
State v. Brendal, 2009 MT 236 (Mont. 2009). “In general, the persistent felony offender statute, § 46-18-502, MCA, conflicts with all specific sentencing provisions.”
State v. Madera, 670 P.2d 552 (Mont. 1983).
State v. Ford, 926 P.2d 245 (Mont. 1996). “" Ford's sentence clearly falls within the parameters of § 46-18-502, MCA. "Trial judges are granted broad discretion to determine the appropriate punishment.”
— Mont. Code Ann. § 46-18-502(2) — 14 cases
State v. Gunderson, 2010 MT 166 (Mont. 2010). “¶34 In imposing sentence on the burglary charge, the District Court explained that while a conviction for burglary normally carries a 20-year maximum penalty, because Gunderson was designated a persistent felony offender, the court intended to sentence him to 100 years on that…”
State v. S. Lehrkamp, 2017 MT 203 (Mont. 2017). “Lehrkamp argued that he should be sentenced under § 46-18-502(1), MCA, which applies to first-time PFOs and requires a minimum sentence of five years in prison.”
State v. Brendal, 2009 MT 236 (Mont. 2009). “In general, the persistent felony offender statute, § 46-18-502, MCA, conflicts with all specific sentencing provisions.”
State v. Watson, 686 P.2d 879 (Mont. 1984). “Defendant argues that he was sentenced not for his behavior, but for his illness.”
State v. Robinson, 2008 MT 34 (Mont. 2008). “¶16 When the District Court designated Robinson a persistent felony offender, he became subject to the sentencing provisions of § 46-18-502, MCA, which provides that an offender “shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years.”
— Mont. Code Ann. § 46-18-502(3) — 6 cases
State v. Damon, 2005 MT 218 (Mont. 2005). “He contends the District Court arbitrarily designated him as a persistent felony offender in view of the fact that other felony DUI defendants have not been sentenced pursuant to § 46-18-502, MCA, the persistent felony offender statute.”
State v. Thompson, 2012 MT 208 (Mont. 2012).
State v. M. Wright, 2021 MT 239 (Mont. 2021).
State v. J. Presley, 2023 MT 102N (Mont. 2023).
Charlie v. Rauser (Mont. 2021).
— Mont. Code Ann. § 46-18-502(4) — 4 cases
State v. Gunderson, 2010 MT 166 (Mont. 2010). “¶34 In imposing sentence on the burglary charge, the District Court explained that while a conviction for burglary normally carries a 20-year maximum penalty, because Gunderson was designated a persistent felony offender, the court intended to sentence him to 100 years on that…”
State v. Fitzpatrick, 805 P.2d 584 (Mont. 1991). “A persistent felony offender is sentenced under § 46-18-502, MCA, which states in pertinent part: “(1) Except as provided in subsection (2), a persistent felony offender shall be imprisoned in the state prison for a term of not less *208 than 5 years or more than 100 years or…”
State v. Martin, 435 P.3d 73 (Mont. 2019). “The Judgment ordered that Martin be "designated as a [PFO] for sentencing under § 46-18-501 and § 46-18-502, MCA." At the omnibus hearing, Martin did not challenge the applicability, validity, or accuracy of the 2012 conviction or the PFO designation with that conviction.”
Charlie v. Rauser (Mont. 2021).
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