Montana Prohibited Consensual Sexual Activity Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 23, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
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:
|
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.
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.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.