Montana Capital Punishment Laws
By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 02, 2024
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Montana allows juries to impose capital punishment for some crimes. Capital punishment, commonly referred to as the "death penalty," is for the most serious crimes. Although there have been attempts to repeal the state's death penalty laws, it remains a valid punishment in Montana.
Montana Law and the Death Penalty
Montana only imposes the death penalty in cases where another person dies. For example, the murder of a law enforcement or court official is a capital offense.
Montana capital punishment laws contain several exemptions to the death penalty based on the defendant's status. For example, defendants ruled insane are typically exempt from a sentence of death. Also, those who suffer from "a severe mental disorder or disability that significantly impaired his or her capacity to appreciate the nature, consequences, or wrongfulness of his or her conduct" are exempt. The law also establishes a minimum age of 18 for executions.
The following table offers a summary of Montana's capital punishment laws. For more articles, see FindLaw's Death Penalty section.
| Code section | Montana Title 45 § 5-102 (deliberate homicide) Montana Title 46 §§ 18-301 through 18-310 (sentencing hearing on the imposition of the death penalty) Montana Title 46 § 18-220 (crimes committed while in official detention) Montana Title 46 §§ 19-101 through 19-103 (execution of death sentence) Montana Title 46 § 19-201 (when and how mental fitness of defendant determined) |
|---|---|
| Is capital punishment allowed? | Yes. Capital murder with one of nine aggravating circumstances (Montana Title 46 § 18-303); aggravated kidnapping; felony murder; aggravated sexual intercourse without consent (Montana Title 45 § 5-503). |
| Clemency process | The governor may receive a non-binding recommendation of clemency from a board or advisory group. |
| How is the sentence determined? | Per Montana Title 46 § 18-302, the judge will hold a sentencing hearing if the defendant gets convicted or pleads guilty to a crime that may impose the death penalty. During the sentencing hearing, the parties may introduce evidence of the following:
The court may not admit evidence of aggravating circumstances unless the defendant pleaded guilty and admitted the aggravating circumstances (or the trier of fact found that it existed beyond a reasonable doubt). |
| Available for crimes other than homicide? | Yes. Juries may also impose the death penalty for the following crimes:
|
| Method | Lethal injection |
| Is life without possibility of parole an option? | Yes |
| Minimum age | 18 |
Note: State laws are constantly changing — contact a Montana criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Methods of Execution
Before 1995, hanging and lethal gas were the state's methods of execution, according to the Death Penalty Information Center. In 1995, the state of Montana made lethal injection its sole method of execution.
In 2012, a Montana district court judge struck down the state's lethal injection protocol. The protocol at that time was a combination of three drugs. Judge Jeffrey Sherlock struck down the protocol because it differed from the state's two-drug protocol. Three years later, Sherlock ruled the Montana Department of Corrections could not use the drug pentobarbital until the state legislature modified the applicable law.
In 2021, Montana lawmakers proposed a bill to broaden the types of lethal injection drugs used in executions. The bill proposed to remove the rule to use ultra-fast-acting barbiturates for executions.
Montana executed David Thomas Dawson in 2006. Dawson's is the last execution Montana has performed.
Montana's Death Penalty And Clemency
After receiving an execution date, the defendant may seek clemency from the governor. If the governor declines to grant clemency, the state will execute the defendant via lethal injection.
As the Death Penalty Information Center notes, Montana Gov. Ted Schwinden granted clemency to a man on death row in 1988. David Cameron Keith was on death row after a murder conviction. Schwinden pardoned Keith because he was partially paralyzed and blind, he was remorseful, he had embraced religion, and there was evidence he shot the victim as a reflexive action.
Montana Capital Punishment Laws: Related Resources
Browse the following links for more information about the death penalty and Montana law.
Also, read FindLaw's History of Death Penalty Laws article for more information about the U.S. Supreme Court case, Furman v. Georgia, and its discussion on the death penalty. The article also explores whether the death penalty violates the Eighth Amendment's prohibition against cruel and unusual punishment.
Contact an Attorney
If you face criminal charges in Montana, do not delay contacting a criminal defense attorney. You may face time in a Montana state prison or even the death penalty. Contact a criminal defense attorney in Montana today to ensure you present the best defense possible.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Montana attorneys offer free consultations.
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