{"id":374631,"date":"2016-03-31T21:35:51","date_gmt":"2016-04-01T02:35:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-23T13:16:17","modified_gmt":"2023-01-23T18:16:17","slug":"montana-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Montana Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Montana Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Nonconsensual sex is, of course, a crime. Consensual sexual activity<\/a> is, for the most part, none of the state’s business. While sodomy laws were once enforced across the nation, even between consenting adults in the privacy of their own home, the U.S. Supreme Court ruled those laws unconstitutional in 2003. <\/p>\r\n

In that year, the U.S. Supreme Court heard Lawrence v. Texas<\/i><\/a>. In that case, a man challenged his conviction in Texas for having sex with another man in the privacy of his own home, which violated a state anti-sodomy law. However, the U.S. Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision by the U.S. Supreme Court, all anti-sodomy laws, as they apply to consenting adults, became unconstitutional and unenforceable.<\/p>\r\n

As in other states, Montana’s prohibited consensual sexual activities laws are limited to indecent exposure, prostitution, and pimping.<\/p>\r\n

Laws Related to Sexual Activity in Montana<\/h2>\r\n

Review the following table to learn more about Montana’s prohibited consensual sexual activity laws, and see FindLaw’s Sex Crimes section<\/a> for related information.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

Not Applicable<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

Not Applicable<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under 50-18-112<\/a>, exposure of another to sexually transmitted diseases is treated as a misdemeanor. Under 46-18-256<\/a>, any person convicted of a sexual offense must be tested for HIV and other STDs and STIs if the victim requests such testing.<\/td>\r\n<\/tr>

Indecent Exposure & Obscenity<\/p>\r\n<\/th>\r\n

Under 45-5-504<\/a>, indecent exposure is a crime punishable by a fine of up to $500 and\/or imprisonment for up to six months. Indecent exposure occurs when a person:

Prostitution & Other Matters Related to Prostitution<\/p>\r\n<\/th>\r\n

Under 45-5-601<\/a>, prostitution and patronizing prostitutes are crimes. Generally speaking, prostitution is defined as engaging in sexual activities in exchange for compensation. "Patronizing prostitutes" refers to employing prostitutes. For working as a prostitute, a person faces:
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  • For the first offense, a fine of up to $100 and\/or imprisonment for up to one year<\/li>\r\n
  • For the second offense, such a fine and\/or imprisonment for up to three years<\/li>\r\n<\/ul>\r\nFor patronizing a prostitute, a person faces:
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    • For the first offense, a fine of up to $1,000 and\/or imprisonment for up to one year<\/li>\r\n
    • For the second offense or subsequent offenses, a fine of up to $10,000 and imprisonment for up to five years<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Age of Consent<\/p>\r\n<\/th>\r\n

Under most circumstances, the age of consent in Montana is 16. Under 45-5-503<\/a>, when the victim is under the age of 16 and the offender is four or more years older than the victim or if the offender causes anyone bodily injury during the offense, the offender faces life in prison or imprisonment for between four and 100 years and\/or a fine of up to $50,000.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: Montana criminal laws are constantly changing. Contact a Montana criminal law attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n

Consider reviewing the following resources for more information about all laws in Montana, including those related to sexual activity:<\/p>\r\n