45-5-107 . Aggravated vehicular homicide while under the influence. (1) A person commits the offense of aggravated vehicular homicide while under the influence if the person causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d) and in violation of aggravated driving under the influence as defined in 61-8-1001 . (2) Aggravated vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102 (1)(b). (3) A person convicted of aggravated vehicular homicide while under the influence shall be imprisoned in a state prison for a term of not less than 3 years or more than 30 years or be fined an amount of at least $10,000 not to exceed $50,000, or both. Imposition of a sentence may not be deferred. The court may not suspend execution of the first 3 years of a sentence of imprisonment imposed under this subsection except as provided in 46-18-222 (1) through (5).
‹ Prev All Montana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.