45-9-125. Continuing criminal enterprise -- penalty. (1) A person who engages in a continuing criminal enterprise is guilty of a crime and upon conviction is punishable by a term of imprisonment and a fine not exceeding two times those authorized for the underlying offense. For purposes of this subsection, a person is engaged in a continuing criminal enterprise if:
(a) the person violates any provision of this chapter that is a felony; and
(b) the violation is a part of a continuing series of two or more violations of this chapter on separate occasions:
(i) that are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, supervisor, or any other position of management; and
(ii) from which the person obtained substantial income or resources.
(2) A person who violates the provisions of subsection (1) after a previous judgment of conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized for the underlying offense.
(3) A sentence for a conviction under this section runs consecutively with the conviction for the underlying offense. Mandatory minimum sentences must be multiplied as provided in this section and may not be waived or suspended.
History: En. Sec. 1, Ch. 113, L. 1991.
Structure Montana Code Annotated
Part 1. Offenses Involving Dangerous Drugs
45-9-101. Criminal distribution of dangerous drugs
45-9-102. Criminal possession of dangerous drugs
45-9-103. Criminal possession with intent to distribute
45-9-104. Fraudulently obtaining dangerous drugs
45-9-105. Altering labels on dangerous drugs
45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs
45-9-107. Criminal possession of precursors to dangerous drugs
45-9-110. Criminal production or manufacture of dangerous drugs
45-9-111. Imitation dangerous drugs -- definitions
45-9-112. Criminal distribution of imitation dangerous drug -- penalty
45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty
45-9-114. Criminal advertisement of imitation dangerous drug -- penalty
45-9-115. Criminal manufacture of imitation dangerous drug -- penalty
45-9-116. Imitation dangerous drugs -- exemptions -- rules
45-9-117. through 45-9-120 reserved
45-9-121. Criminal possession of toxic substance -- penalty
45-9-122. through 45-9-124 reserved
45-9-125. Continuing criminal enterprise -- penalty
45-9-127. Carrying dangerous drugs on train -- penalty
45-9-128. and 45-9-129 reserved
45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds
45-9-132. Operation of unlawful clandestine laboratory -- penalties