§ 46-18-502

46-18-502. Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense. (2) Except as provided in 46-18-219, an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if: (a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202, at the time of the offender's previous felony conviction; (b) less than 5 years have elapsed between the commission of the present offense and: (i) the previous felony conviction; or (ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and (c) the offender was 21 years of age or older at the time of the commission of the

release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and (c) the offender was 21 years of age or older at the time of the commission of the present offense. (3) Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended. (4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed. History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(2), (3); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 327, L. 1981; amd. Sec. 16, Ch. 482, L. 1995; amd. Sec. 12, Ch. 52, L. 1999; amd. Sec. 29, Ch. 321, L. 2017; amd. Sec. 3, Ch. 649, L. 2023.