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.
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:
|
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:
|
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.
Consider reviewing the following resources for more information about all laws in Montana, including those related to sexual activity:
Consider reviewing the following resources for more information about laws and legal issues related to sexual activity, as well:
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.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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