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Montana Capital Punishment Laws

More Information on Capital Punishment Laws

Code Section 45-5-102; 46-18-220; 46-18-301, et seq.; 46-19-101,et seq.; 46-19-201, et seq.
Is Capital Punishment Allowed?Yes
Effect of Defendant's IncapacityIf defendant is found to be mentally unfit, sentence is suspended, but if fitness is regained, execution must be carried out unless so much time has elapsed that it would be unjust; if pregnant, suspended
Minimum Age18
Available for Crimes Other than Homicide?Aggravated assault or aggravated kidnapping while incarcerated at state prison by person previously convicted for murder or persistent felony offender
Definition of Capital HomicideMurder committed while currently serving sentence of imprisonment; previous murder conviction; committed by torture; lying in wait or ambush; part of scheme or operation which would result in death of more than 1 person; victim was peace officer performing duty; aggravated kidnapping; while incarcerated at state prison by person previously convicted of murder or persistent felony offender; while committing sexual assault, sexual intercourse without consent, deviate sexual conduct or incest and victim less than 18 years
Method of ExecutionLethal injection

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