The terms Domestic Violence, Dating Violence, Sexual Assault, Stalking and Consent are defined in the applicable jurisdiction as outlined by Montana Code Annotated (MCA) 2017, Title 45. Crimes, Chapter 5. Offenses Against the Person, Part 5. Sexual Crimes.

 

  1. Domestic Violence: The state of Montana does not have a definition of domestic
  2. Dating Violence: The state of Montana does not have a definition of dating
  3. Sexual Assault: The state of Montana defines sexual assault as follows: Montana Code Annotated (MCA) 40- 15-116. Definitions: As used in 40-15-115 through 40-15-121, the following definitions apply: (5) “Sexual assault” means sexual assault as defined in 45-5-502, sexual intercourse without consent as defined in 45-5-503, incest as defined in 45-5-507, or sexual abuse of children as defined in 45-5-

 

45-5-502. Sexual assault:

  1. A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual
  2. (a) On a first conviction for sexual assault, the offender shall be fined an amount not to exceed

$500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

|

On a second conviction for sexual assault, the offender shall be fined an amount not to exceed

$1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

 

On a third and subsequent conviction for sexual assault, the offender shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both.

 

If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual assault,

the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years, unless the judge makes a written finding that there is good cause to impose a term of less than 4 years and imposes a term of less than 4 years, or more than 100 years and may be fined not more than $50,000.

 

An act “in the course of committing sexual assault” includes an attempt to commit the offense or flight after the attempt or commission.

  1. Subject to subsections (5)(b) and (5)(c), consent is ineffective under this section if the victim is:
    1. incarcerated in an adult or juvenile correctional, detention, or treatment facility or is on probation or parole and the perpetrator is an employee, contractor, or

volunteer of the supervising authority and has supervisory or disciplinary authority over the victim, unless the act is part of a lawful search;

  1. less than 14 years old and the offender is 3 or more years older than the victim; receiving services from a youth care facility, as defined in 52-2-602, and the

perpetrator:

 

 

  1. has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and
  2. is an employee, contractor, or volunteer of the youth care facility; or
  1. admitted to a mental health facility, as defined in 53-21-102, is admitted to a community-based facility or a residential facility, as those terms are defined in 53- 20-102, or is receiving community-based services, as defined in 53-20-102, and the perpetrator:
    1. has supervisory or disciplinary authority over the victim or is providing treatment to the victim; and
    2. is an employee, contractor, or volunteer of the facility or community- based

 

Subsection (5)(a)(i) does not apply if one of the parties is on probation or parole and the other party is a probation or parole officer of the supervising authority and the parties are married to each other.

 

Subsections (5)(a)(iii) and (5)(a)(iv) do not apply if the individuals are married to each other and one of the individuals involved is a patient in or resident of a facility, is a recipient of community-based services, or is receiving services from a youth care facility and the other individual is an employee, contractor, or volunteer of the facility or community-based service.

 

45-5-220 Stalking – exemption – penalty.

  1. A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:
    1. following the stalked person; or
    2. harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or
  2. This section does not apply to a constitutionally protected
  3. For the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1,000, or For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offender shall be imprisoned in the state prison

for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.

  1. Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).
  2. For the purpose of determining the number of convictions under this section, “conviction” means:
    1. a conviction, as defined in 45-2-101, in this state;
    2. a conviction for a violation of a statute similar to this section in another state; or

 

 

  1. a forfeiture of bail or collateral deposited to secure the defendant’s appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been
  1. Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked

 

Consent:

The State of Montana defines consent, in relation to sexual activity, with reference to sexual assault, in the applicable jurisdiction (Montana Code Annotated (MCA) 2017,

(45-5-501), as follows:

  1. The term “consent” means words or overt actions indicating a freely given agreement to have sexual intercourse or sexual contact and is further defined but not limited by the following:
    1. an expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn;
    2. a current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent; and
    3. lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave
  2. Subject to subsections (1)(c) and (1)(d), the victim is incapable of consent because the victim is:
    1. mentally defective or incapacitated; physically helpless; c. overcome by deception, coercion, or surprise; d. less than 16 years old;
    2. As used in subsection (a), the term “force” means:
  3. the infliction, attempted infliction or threatened infliction of bodily injury or the commission of a forcible felony by the offender; or
  4. the threat of substantial retaliatory action that caused the victim to reasonably believe that the offender has the ability to execute the