45-5-222. Sentence enhancement -- offenses committed because of victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities. (1) A person who has pleaded guilty or nolo contendere to or who has been found guilty of any offense, except malicious intimidation or harassment, that was committed because of the victim's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities or that involved damage, destruction, or attempted destruction of a building regularly used for religious worship, in addition to the punishment provided for commission of the offense, may, if the provisions of 46-1-401 have been complied with, be sentenced to a term of imprisonment of not less than 2 years or more than 10 years, except as provided in 46-18-222.
(2) An additional sentence prescribed by subsection (1) must run consecutively to the sentence, except as provided in 46-18-222.
History: En. Sec. 3, Ch. 570, L. 1989; amd. Sec. 3, Ch. 395, L. 1999; amd. Sec. 2, Ch. 524, L. 2001.
Structure Montana Code Annotated
Chapter 5. Offenses Against the Person
Part 2. Assault and Related Offenses
45-5-204. Mistreating prisoners
45-5-205. Negligent vehicular assault -- penalty
45-5-206. Partner or family member assault -- penalty
45-5-207. Criminal endangerment -- penalty
45-5-208. Negligent endangerment -- penalty
45-5-210. Assault on peace officer or judicial officer
45-5-211. Assault upon sports official
45-5-214. Assault with bodily fluid
45-5-215. Strangulation of partner or family member
45-5-216. through 45-5-219 reserved
45-5-220. Stalking -- exemption -- penalty
45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty
45-5-224. through 45-5-230 reserved
45-5-232. Offender intervention counseling referral