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Legal Statutes: Montana

UPDATED July 16, 2017

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Part 1. Homicide

back to top45-5-102. Deliberate homicide

(1) A person commits the offense of deliberate homicide if:
(a) the person purposely or knowingly causes the death of another human being;
(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being; or
(c) the person purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.
(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222.
Enacted 94-5-102 by Laws 1973, ch. 513, § 1. Amended by Laws 1977, ch. 338, § 11; amended by Laws 1977, ch. 584, § 4; Revised Code of Montana 1947, 94-5-102; amended by Laws 1979, ch. 322, § 1; amended by Laws 1987, ch. 322, § 1; amended by Laws 1987, ch. 610, § 4; amended by Laws 1995, ch. 482, § 2; amended by Laws 1999, ch. 432, § 3; amended by Laws 1999, ch. 523, § 3; amended by Laws 2013, ch. 271, § 1, eff. Oct. 1, 2013.