2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-231. Fines in felony and misdemeanor cases

46-18-231. Fines in felony and misdemeanor cases.
(1) (a) Except as provided in subsection (1)(b), whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a felony penalty of imprisonment could be imposed, the sentencing judge may, in lieu of or in addition to a sentence of imprisonment, impose a fine only in accordance with subsection (3).
(b) For those crimes for which penalties are provided in the following sections, a fine may be imposed in accordance with subsection (3) in addition to a sentence of imprisonment:
(i) 45-5-103(4), mitigated deliberate homicide;
(ii) 45-5-202, aggravated assault;
(iii) 45-5-213, assault with a weapon;
(iv) 45-5-302(2), kidnapping;
(v) 45-5-303(2), aggravated kidnapping;
(vi) 45-5-401(2), robbery;
(vii) 45-5-502(3), sexual assault when the victim is less than 16 years old and the offender is 3 or more years older than the victim or the offender inflicts bodily injury in the course of committing the sexual assault;
(viii) 45-5-502(4), sexual assault when the victim is a client receiving psychotherapy services and the offender is providing or purporting to provide psychotherapy services to the victim;
(ix) 45-5-503(2) through (5), sexual intercourse without consent;
(x) 45-5-507(5), incest when the victim is 12 years of age or younger and the offender is 18 years of age or older at the time of the offense;
(xi) 45-5-508, aggravated sexual intercourse without consent;
(xii) 45-5-601(3), prostitution when the person patronized or engaging in prostitution was a child and the offender was 18 years of age or older at the time of the offense;
(xiii) 45-5-625(4), sexual abuse of children;
(xiv) 45-5-702, 45-5-703, 45-5-705, 45-5-706, or 45-5-711, sex trafficking, labor trafficking, patronizing a victim of sex trafficking, aggravated sex trafficking, or child sex trafficking;
(xv) 45-9-101(3), criminal possession with intent to distribute a dangerous drug; and
(xvi) 45-9-109, criminal possession with intent to distribute dangerous drugs on or near school property.
(2) Whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a misdemeanor penalty of a fine could be imposed, the sentencing judge may impose a fine only in accordance with subsection (3).
(3) The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine and interest. In determining the amount and method of payment, the sentencing judge shall take into account the nature of the crime committed, the financial resources of the offender, and the nature of the burden that payment of the fine and interest will impose.
(4) Except as provided in subsection (5), a fine levied under this section in a felony case shall be in an amount fixed by the sentencing judge not to exceed $50,000.
(5) If an offender is out of compliance with court-mandated payments for 6 months or more, interest must accrue on a fine levied under this section at a rate of 3%. The interest may not compound. Interest only begins to accrue when the judgment is placed for collection with a private person or entity as provided in 3-10-601, 25-30-102, or 46-17-303.
History: En. Sec. 1, Ch. 198, L. 1981; amd. Sec. 106, Ch. 370, L. 1987; amd. Sec. 8, Ch. 610, L. 1987; amd. Sec. 3, Ch. 575, L. 1989; amd. Sec. 3, Ch. 42, L. 1991; amd. Sec. 2, Ch. 519, L. 1991; amd. Sec. 10, Ch. 52, L. 1999; amd. Sec. 21, Ch. 395, L. 1999; amd. Sec. 18, Ch. 432, L. 1999; amd. Sec. 18, Ch. 483, L. 2007; amd. Sec. 14, Ch. 374, L. 2013; amd. Sec. 23, Ch. 285, L. 2015; amd. Sec. 2, Ch. 277, L. 2017; amd. Sec. 28, Ch. 321, L. 2017; amd. Sec. 13, Ch. 308, L. 2019; amd. Sec. 48, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 31, Ch. 167, L. 2023; amd. Sec. 3, Ch. 205, L. 2023; amd. Sec. 2, Ch. 509, L. 2023.