45-5-706. Aggravating circumstance. (1) An aggravating circumstance during the commission of an offense under 45-5-702, 45-5-703, 45-5-704, or 45-5-705 occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves runaway youth, foster children, homeless persons, or persons subjected to human trafficking, domestic violence, or sexual assault.
(2) If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under 45-5-702, 45-5-703, 45-5-704, or 45-5-705, the defendant may be imprisoned for up to 5 years in addition to the period of imprisonment prescribed for the offense. An additional sentence prescribed by this section must run consecutively to the sentence provided for the underlying offense.
History: En. Sec. 6, Ch. 285, L. 2015.
Structure Montana Code Annotated
Chapter 5. Offenses Against the Person
45-5-702. Trafficking of persons
45-5-703. Involuntary servitude
45-5-705. Patronizing victim of sexual servitude
45-5-706. Aggravating circumstance
45-5-707. Property subject to forfeiture -- human trafficking
45-5-708. Past sexual behavior of victim