Table of Contents TITLE 46. CRIMINAL PROCEDURE CHAPTER 18. SENTENCE AND JUDGMENT Part 2. Form of Sentence
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173 46-18-201 77 46-18-202 154 46-18-203 10 46-18-204 4 46-18-205 1 46-18-211 46-18-212 1 46-18-213 3 46-18-219 1 46-18-220 21 46-18-221 32 46-18-222 5 46-18-223 46-18-224 16 46-18-225 33 46-18-231 42 46-18-232 1 46-18-233 5 46-18-234 2 46-18-235 24 46-18-236 3 46-18-237 51 46-18-241 30 46-18-242 59 46-18-243 27 46-18-244 2 46-18-245 21 46-18-246 5 46-18-247 1 46-18-248 8 46-18-249 2 46-18-250 3 46-18-251 7 46-18-255 1 46-18-256 46-18-261

Mont. Code Ann. § 46-18-221

(2003)

Additional sentence for offenses committed with dangerous weapon

(1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332(1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222.

(2) If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222. For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section:

(a) a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and

(b) a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332(1), or other dangerous weapon.

(3) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222.

(4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.

Opinions construing this section

21 opinions
2025 MT 281 Dec 9, 2025 Affirmed
State v. A. Smith
Majority by Cory J. Swanson · 7 to 0
son (MSP) after a jury verdict finding him guilty of Deliberate Homicide with a sentencing enhancement for use of dangerous weapon pursuant to §§ 45-5-102 and 46-18-221, MCA. We affirm. ¶2 We restate the issues on appeal as follows: Issue One: Whether the District Court erred by precluding Smith from seeking a lesser-included off
2025 MT 142 Jul 8, 2025 Reversed
State v. D. Schultz
Concurring by Cory J. Swanson · 4 to 2 with 1 concurring
nd in subsections (1)(c), (1)(h), or (1)(i). (Emphasis added.) However, for an enhanced sentence “for offenses committed with dangerous weapon” pursuant to § 46-18-221(1), MCA, the offender must have “displayed, brandished, or otherwise used a firearm, destructive device, . . . or other dangerous weapon,” which is similar to “t
2024 MT 318 Dec 31, 2024 Reversed
State v. D. Wood
Majority by Dirk M. Sandefur · 7 to 0 with 3 concurring
esence”-at-the-crime-scene jury instruction. 2 The Information further alleged that Wood was subject to an additional mandatory minimum sentence pursuant to § 46-18-221(1), MCA, based on use of “a firearm in the commission of the . . . offense.” The subsequent Amended Information made an identical allegation. The State ultimately
2024 MT 245 Oct 29, 2024 Affirmed
State v. M. Marfuta
Majority by Jim Rice · 5 to 2
he denial of his motion to dismiss premised upon his contention the District Court improperly granted the State leave to pursue enhanced weapons charges under § 46-18-221, MCA (2019), without first seeking pre-filing approval. Marfuta also contends the District Court erred in instructing the jury on the requisite mental state for Att
2024 MT 196N Aug 27, 2024 Affirmed
State v. J. Swanson
Majority by James Jeremiah Shea · 5 to 0
Pacific Reporter and Montana Reports. ¶2 Justin James Swanson appeals from the Eighteenth Judicial District Court’s 10-year weapon enhancement pursuant to § 46-18-221(1), MCA, on each of his concurrent 54-year sentences to the Montana State Prison for aggravated sexual intercourse without consent and aggravated kidnapping. Swanson
Official Annotations archive.org, 2003 edition
History:
En. 95-2206.17 by Sec. 13, Ch. 584, L. 1977
R.C.M. 1947, 95-2206.17
Amd. Sec. 1, Ch. 108, L. 1981
Amd. Sec. 1, Ch. 16, L. 2001 (HB 115 - Shockley, Jim (R) HD 61)
Amd. Sec. 5, Ch. 524, L. 2001 (HB 521 - Newman, Brad (D) HD 38)
Source text on leg.mt.gov