2011 Montana Code Annotated
TITLE 45. CRIMES
CHAPTER 9. DANGEROUS DRUGS
Part 1. Offenses Involving Dangerous Drugs
45-9-125. Continuing criminal enterprise -- penalty.
45-9-125. Continuing criminal enterprise -- penalty. (1) A person who engages in a continuing criminal enterprise is guilty of a crime and upon conviction is punishable by a term of imprisonment and a fine not exceeding two times those authorized for the underlying offense. For purposes of this subsection, a person is engaged in a continuing criminal enterprise if:
(a) the person violates any provision of this chapter that is a felony; and
(b) the violation is a part of a continuing series of two or more violations of this chapter on separate occasions:
(i) that are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, supervisor, or any other position of management; and
(ii) from which the person obtained substantial income or resources.
(2) A person who violates the provisions of subsection (1) after a previous judgment of conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized for the underlying offense.
(3) A sentence for a conviction under this section runs consecutively with the conviction for the underlying offense. Mandatory minimum sentences must be multiplied as provided in this section and may not be waived or suspended.
History: En. Sec. 1, Ch. 113, L. 1991.
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