Montana Prohibited Consensual Sexual Activity Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 23, 2023

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Nonconsensual sex is, of course, a crime. Consensual sexual activity 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. 

In that year, the U.S. Supreme Court heard Lawrence v. Texas. 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.

As in other states, Montana's prohibited consensual sexual activities laws are limited to indecent exposure, prostitution, and pimping.

Laws Related to Sexual Activity in Montana

Review the following table to learn more about Montana's prohibited consensual sexual activity laws, and see FindLaw's Sex Crimes section for related information.

Sodomy Laws Applicable to

 Not Applicable

Penalty for Sodomy

 Not Applicable

HIV Exposure and Compelled Testing for Offenders

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

Indecent Exposure & Obscenity

 Under 45-5-504, 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:
  • Knowingly or purposely exposes their genitals under circumstances in which the person knows the conduct is likely to cause affront or alarm,
  • Exposes themselves in such a way in order to either abuse, humiliate, harass, or degrade another, or
  • Exposes themselves in order to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.
Under 45-8-201, obscenity is a crime, punishable by a fine of between $500 and $1,000 and/or imprisonment for up to six months.

Prostitution & Other Matters Related to Prostitution

 Under 45-5-601, 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:
  • For the first offense, a fine of up to $100 and/or imprisonment for up to one year
  • For the second offense, such a fine and/or imprisonment for up to three years
For patronizing a prostitute, a person faces:
  • For the first offense, a fine of up to $1,000 and/or imprisonment for up to one year
  • For the second offense or subsequent offenses, a fine of up to $10,000 and imprisonment for up to five years

Age of Consent

 Under most circumstances, the age of consent in Montana is 16. Under 45-5-503, 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.

Note: Montana criminal laws are constantly changing. Contact a Montana criminal law attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Consider reviewing the following resources for more information about all laws in Montana, including those related to sexual activity:

  • At Montana Code, you'll find links to all laws in the state, including those related to sexual activity.
  • At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.

Montana Prohibited Consensual Sexual Activities Laws: Related Resources

Consider reviewing the following resources for more information about laws and legal issues related to sexual activity, as well:

Need More Help? Contact a Lawyer Today

If you've been accused of a sex crime, you'll want to know how this will affect your life. It's advised that you contact a qualified criminal defense attorney near you, if you have been accused of such a crime or are facing charges for such a crime.

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