46-18-305. Effect of aggravating and mitigating circumstances. In determining whether to impose a sentence of death or imprisonment, the court shall take into account the aggravating and mitigating circumstances enumerated in 46-18-303 and 46-18-304 and shall impose a sentence of death if the trier of fact found beyond a reasonable doubt, or the defendant pleaded guilty to the offense and admitted to, one or more aggravating circumstances and the court finds that there are no mitigating circumstances sufficiently substantial to call for leniency. If the court does not impose a sentence of death and one of the aggravating circumstances listed in 46-18-303 exists, the court may impose a sentence of imprisonment for life or for any term authorized by the statute defining the offense.
History: En. 95-2206.10 by Sec. 5, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.10; amd. Sec. 3, Ch. 154, L. 2003.
Structure Montana Code Annotated
Chapter 18. Sentence and Judgment
46-18-301. Hearing on imposition of death penalty
46-18-302. Evidence that may be received
46-18-303. Aggravating circumstances
46-18-304. Mitigating circumstances
46-18-305. Effect of aggravating and mitigating circumstances
46-18-306. Specific written findings of fact
46-18-307. Automatic review of sentence
46-18-308. Time for review -- consolidation with appeal