# Mont. Code Ann. § 46-18-221: 46-18-221 Additional sentence for offenses committed with dangerous weapon > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-221 ## Section - **Citation:** Mont. Code Ann. § 46-18-221 - **Heading:** 46-18-221 Additional sentence for offenses committed with dangerous weapon - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-221 ## Text 46-18-221 . Additional sentence for offenses committed with dangerous weapon. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222 . (2) If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222 . For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section: (a) a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and (b) a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon. (3) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222 . (4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense. ## Nearby sections - [Mont. 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Code Ann. § 46-18-206 46-18-206 Sexual offenders -- electronic monitoring as additional condition of sentence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-206.md) - [Mont. Code Ann. § 46-18-207 46-18-207 Sexual offender treatment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-207.md) - [Mont. Code Ann. § 46-18-208 46-18-208 Termination of remaining portion of deferred or suspended sentence -- motion](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-208.md) - [Mont. Code Ann. § 46-18-211 46-18-211 When no place of imprisonment is specified](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-211.md) - [Mont. Code Ann. § 46-18-212 46-18-212 When no penalty is specified](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-212.md) - [Mont. Code Ann. § 46-18-213 46-18-213 When no penalty is specified -- felony](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-213.md) - [Mont. Code Ann. § 46-18-219 46-18-219 Life sentence without possibility of release](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-219.md) - [Mont. Code Ann. § 46-18-220 46-18-220 Sentences for certain offenses committed in official detention -- death penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-220.md) - [Mont. Code Ann. § 46-18-221 46-18-221 Additional sentence for offenses committed with dangerous weapon](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-221.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-221. Check the current official text before relying on it. Not legal advice.