Montana Title 46. Criminal Procedure § 46-18-228. Additional sentence for offenses committed against vulnerable person

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) If the provisions of 46-1-401 are complied with, an individual who is found guilty of a misdemeanor offense under Title 45, chapter 5, or a felony offense while employed or volunteering in a caregiving facility and who committed the offense against a vulnerable person in the facility in which the individual was employed or volunteering shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 1 year or more than 10 years, except as provided in 46-18-222.

(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.

(3) For the purposes of this section, the following definitions apply:

(a) “Caregiving facility” means:

(i) a mental health facility as provided in 53-21-102;

(ii) an assisted living facility licensed under 50-5-227;

(iii) a long-term care facility, an adult day-care center, a mental health center, a medical assistance facility, or a nonprofit health care facility as provided in 50-5-101;

(iv) a community group home for developmentally disabled, mentally disabled, or severely disabled persons that does not provide skilled or intermediate nursing care;

(v) a licensed adult foster family care home;

(vi) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug-dependent persons;

(vii) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or a youth group home as provided in 52-2-602;

(viii) a day-care center, a day-care facility, a family day-care home, or a group day-care home as provided in 52-2-703; or

(ix) a public or nonpublic school.

(b) “Vulnerable person” means:

(i) a child; or

(ii) a vulnerable adult as provided in 52-3-803(11)(b).

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-18-228. Additional sentence for offenses committed against vulnerable person - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-code-ann-sect-46-18-228/

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