Three Strikes and Habitual Offender Laws in Montana

Montana has two repeat-offender laws. A 'persistent felony offender' is someone being sentenced for a third felony who has two earlier felonies (each punishable by more than 1 year) and committed the new offense within 5 years of the last conviction or release; at least one of the three must be a sexual or violent offense. If 21 or older, the person gets 5 to 100 years and/or up to $50,000, with the first 5 years not suspendable, or 10 to 100 years if already a persistent offender at the last conviction and within 5 years. Separately, a second conviction for deliberate homicide, aggravated kidnapping, sexual abuse of children, ritual abuse of a minor or aggravated sexual intercourse without consent, or a third conviction from a list that adds mitigated deliberate homicide, aggravated assault, partner strangulation, kidnapping, robbery and child sex trafficking, requires life in prison without parole or early release, unless the death penalty is imposed.