45-8-318. Possession of deadly weapon by prisoner or youth in facility. (1) A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries or has under the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife, razor not including a safety razor, or other deadly weapon while the person is:
(a) a person committed to a state prison or incarcerated in a county jail, city jail, or regional jail and is:
(i) at a state prison, a state prison farm or ranch, or jail;
(ii) being conveyed to or from a place listed in this subsection (1)(a); or
(iii) under the custody of prison or jail officials, officers, or employees; or
(b) a person in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, correctional facility, or shelter care facility, as those terms are defined in 41-5-103, and is at the facility, being conveyed to or from the facility, or under the custody of the facility officials, officers, or employees.
(2) A person convicted of the offense of possession of a deadly weapon by a prisoner shall be punished by imprisonment in the state prison for a term not less than 5 years or more than 15 years, by a fine of not more than $50,000, or by both fine and imprisonment.
(3) The youth court has jurisdiction of any violation of subsection (1)(b) unless the charge is filed in district court, in which case the district court has jurisdiction.
History: En. Sec. 1, Ch. 131, L. 1961; Sec. 94-3527.1, R.C.M. 1947; redes. 94-8-213 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-213; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 424, L. 1987; amd. Sec. 1, Ch. 168, L. 1997; amd. Sec. 78, Ch. 550, L. 1997; amd. Sec. 3, Ch. 491, L. 1999; amd. Sec. 23, Ch. 339, L. 2021.
Structure Montana Code Annotated
Chapter 8. Offenses Against Public Order
45-8-301. Uniformity of interpretation
45-8-303. Possession or use of machine gun in connection with a crime
45-8-304. Possession or use of machine gun for offensive purpose
45-8-305. Presumption of offensive or aggressive purpose
45-8-311. and 45-8-312 reserved
45-8-313. Unlawful possession of firearm by convicted person
45-8-314. Lifetime firearms supervision of certain convicted persons
45-8-316. Carrying concealed firearms -- exemption
45-8-318. Possession of deadly weapon by prisoner or youth in facility
45-8-321. Permit to carry concealed weapon
45-8-322. Application, renewal, permit, and fees
45-8-323. Denial of renewal -- revocation of permit
45-8-326. Immunity from liability
45-8-327. Carrying concealed weapon while under influence
45-8-328. Carrying concealed weapon in prohibited place -- penalty
45-8-329. Concealed weapon permits from other states recognized -- advisory council
45-8-333. Reckless or malicious use of explosives
45-8-334. Possession of destructive device
45-8-335. Possession of explosives
45-8-336. Possession of silencer
45-8-338. Firearms certificates for qualified retired law enforcement officers
45-8-340. Sawed-off firearm -- penalty
45-8-344. Use of firearms by children under 14 years of age prohibited -- exceptions
45-8-345. Criminal liability of parent or guardian -- prosecution
45-8-346. through 45-8-350 reserved
45-8-351. Restriction on local government regulation of firearms
45-8-352. Restriction on local government regulation of knives
45-8-355. Legislative findings
45-8-356. Where concealed weapon may be carried -- exceptions
45-8-357. Prohibition on infringement of constitutional rights
45-8-358. Regulation of firearms prohibited for certain people -- exceptions
45-8-359. Remedy for violations
45-8-360. Establishment of individual licensure
45-8-362. through 45-8-364 reserved