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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Mitigating circumstances are any of the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The defendant acted under extreme duress or under the substantial domination of another person.
(d) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.
(e) The victim was a participant in the defendant's conduct or consented to the act.
(f) The defendant was an accomplice in an offense committed by another person, and the defendant's participation was relatively minor.
(g) The defendant, at the time of the commission of the crime, was less than 18 years of age.
(2) The court may consider any other fact that exists in mitigation of the penalty.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-18-304. Mitigating circumstances - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-18-304/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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