2005 Montana Code Annotated - 45-5-106 — Vehicular homicide while under influence.


     45-5-106. Vehicular homicide while under influence. (1) A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-401 or 61-8-406.
     (2) 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 vehicular homicide while under the influence shall be imprisoned in a state prison for a term not to exceed 30 years or be fined an amount not to exceed $50,000, or both. Imposition of a sentence may not be deferred.

     History: En. Sec. 1, Ch. 426, L. 2005.


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