45-5-106 Vehicular homicide while under influence

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MT Code › Title 45 › Chapter 5 › Part 1 › Section 45-5-106

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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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 61-8-1002 .

(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.

(4) If the victim has a surviving minor child, a person convicted of vehicular homicide while under the influence must be ordered to pay restitution pursuant to 46-18-240 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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