{"id":374636,"date":"2016-06-20T12:44:00","date_gmt":"2016-06-20T17:44:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-rape-and-sexual-assault-laws.html"},"modified":"2016-06-20T12:44:00","modified_gmt":"2016-06-20T17:44:00","slug":"montana-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-rape-and-sexual-assault-laws.html","title":{"rendered":"Montana Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Montana Rape and Sexual Assault Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by FindLaw Staff<\/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

The precise definition of sexual assault<\/a> varies from state to state, but the crime generally involves subjecting another person to sexual touching that is unwanted and offensive. Sexual assault encompasses several crimes including rape<\/a> (or non-consensual sexual intercourse). In Montana, rape is referred to as "sexual intercourse without consent." The tables below outline Montana’s sexual assault and rape laws.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Montana Code section 45-5-502<\/a>: Sexual Assault<\/td>\r\n<\/tr>

What’s Prohibited?<\/p>\r\n<\/td>\r\n

Knowingly subjecting another person to any sexual contact without consent.<\/td>\r\n<\/tr>

Consent<\/p>\r\n<\/td>\r\n

A victims’ consent to sexual contact is ineffective if the victim is:
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  • Incarcerated or on probation, and the offender is an employee, contractor, or volunteer of the supervising authority<\/li>\r\n
  • Less than 14 years old and the offender is three of more years older than the victim, or<\/li>\r\n
  • Receiving services from a youth care facility and the offender is an employee, contractor, volunteer, or has supervisory authority over the victim at the facility<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Penalties<\/p>\r\n<\/td>\r\n

First conviction: Punishable by a fine of up to $500, and\/or imprisonment for up to six months.<\/p>\r\n

Second conviction: Punishable by a fine of up to $1,000, and\/or imprisonment for up to one year.<\/p>\r\n

Third (or subsequent) conviction: Punishable by a fine of up to $10,000, and\/or imprisonment for up to five years.<\/p>\r\n

If the victim is less than 16 years old and the offender is three or more years older than the victim, or if the offender inflicts bodily injury upon anyone in the course of committing the sexual assault, then the offense is punishable by imprisonment for four to 100 years and the offender may be fined up to $50,000.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Montana Code section 45-5-503<\/a>: Sexual Intercourse Without Consent (Rape)<\/td>\r\n<\/tr>

What’s Prohibited?<\/p>\r\n<\/td>\r\n

Knowingly having sexual intercourse without another person without their consent.<\/td>\r\n<\/tr>

Penalties<\/p>\r\n<\/td>\r\n

Generally, a person convicted of sexual intercourse without consent is punished by life imprisonment, or by imprisonment for between four and 100 years and a fine of up to $50,000.<\/p>\r\n

There are increased penalties under any of the following circumstances:<\/p>\r\n