State v. D. Schultz

Summary

The Court held that Montana’s mandatory sentencing enhancements based on a victim’s age do not apply when the defendant targeted an adult undercover officer posing as a child. Although the conduct remains criminal and subject to the general penalty provision, the statute’s distinction between a person believed to be a child and “the victim” limits the enhancements to cases involving an actual child victim. The Court reversed the sentence and remanded for resentencing.