reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 5. Sexual Crimes › 45-5-504. Indecent exposure

45-5-504. Indecent exposure.
(1) A person commits the offense of indecent exposure if the person knowingly or purposely exposes the person's genitals or intimate parts by any means, including electronic communication as defined in 45-5-625(5)(a), under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to:
(a) abuse, humiliate, harass, or degrade another; or
(b) arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.
(2) (a) A person convicted of the offense of indecent exposure shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term of not more than 6 months, or both.
(b) On a second conviction, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term of not more than 1 year, or both.
(c) On a third or subsequent conviction, the person shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term of not more than 10 years, or both.
(3) (a) A person commits the offense of indecent exposure to a minor if the person commits an offense under subsection (1) and the person knows the conduct will be observed by a person who is under 16 years of age and the offender is more than 4 years older than the victim.
(b) A person convicted of the offense of indecent exposure to a minor shall be fined an amount not to exceed $50,000 or be imprisoned 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, or both.
History: En. 94-5-504 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-504; amd. Sec. 1, Ch. 176, L. 1991; amd. Sec. 4, Ch. 687, L. 1991; amd. Sec. 3, Ch. 550, L. 1995; amd. Sec. 2, Ch. 288, L. 1999; amd. Sec. 1, Ch. 144, L. 2015.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 5. Sexual Crimes › 45-5-508. Aggravated sexual intercourse without consent

45-5-508. Aggravated sexual intercourse without consent.
(1) A person who uses force while knowingly having sexual intercourse with another person without consent or with another person who is incapable of consent commits the offense of aggravated sexual intercourse without consent.
(2) A person convicted of aggravated sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
History: En. Sec. 1, Ch. 279, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 5. Sexual Crimes › 45-5-511. Provisions generally applicable to sexual crimes

45-5-511. Provisions generally applicable to sexual crimes.
(1) When criminality depends on the victim being less than 16 years old, it is a defense for the offender to prove that the offender reasonably believed the child to be above that age. The belief may not be considered reasonable if the child is less than 14 years old.
(2) Evidence concerning the sexual conduct of the victim is inadmissible in prosecutions under this part except evidence of the victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease that is at issue in the prosecution.
(3) If the defendant proposes for any purpose to offer evidence described in subsection (2), the trial judge shall order a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under subsection (2).
(4) Evidence of failure to make a timely complaint or immediate outcry does not raise any presumption as to the credibility of the victim.
(5) Resistance by the victim is not required to show lack of consent. Force, fear, or threat is sufficient alone to show lack of consent.
History: En. 94-5-506 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 17, Ch. 359, L. 1977; R.C.M. 1947, 94-5-506; amd. Sec. 3, Ch. 407, L. 1979; MCA 1981, 45-5-506; redes. 45-5-511 by Code Commissioner, 1983; amd. Sec. 3, Ch. 172, L. 1985; amd. Sec. 1, Ch. 425, L. 1987; amd. Sec. 6, Ch. 687, L. 1991; amd. Sec. 1658, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 5. Sexual Crimes › 45-5-512. Chemical treatment of sex offenders

45-5-512. Chemical treatment of sex offenders.
(1) A person convicted of a first offense under 45-5-502(3), 45-5-503(3), or 45-5-507(4) or (5) may, in addition to the sentence imposed under those sections, be sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, administered by the department of corrections or its agent pursuant to subsection (4) of this section.
(2) A person convicted of a second or subsequent offense under 45-5-502(3), 45-5-503, or 45-5-507 may, in addition to the sentence imposed under those sections, be sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, administered by the department of corrections or its agent pursuant to subsection (4) of this section.
(3) A person convicted of a first or subsequent offense under 45-5-502, 45-5-503, or 45-5-507 who is not sentenced to undergo medically safe medroxyprogesterone acetate treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both, may voluntarily undergo such treatment, which must be administered by the department of corrections or its agent and paid for by the department of corrections.
(4) Treatment under subsection (1) or (2) must begin 1 week before release from confinement and must continue until the department of corrections determines that the treatment is no longer necessary. Failure to continue treatment as ordered by the department of corrections constitutes a criminal contempt of court for failure to comply with the sentence, for which the sentencing court shall impose a term of incarceration without possibility of parole of not less than 10 years or more than 100 years.
(5) Prior to chemical treatment under this section, the person must be fully medically informed of its effects.
(6) A state employee who is a professional medical person may not be compelled against the employee's wishes to administer chemical treatment under this section.
History: En. Sec. 1, Ch. 334, L. 1997; amd. Sec. 2, Ch. 341, L. 1997; amd. Sec. 7, Ch. 483, L. 2007.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-602. Repealed

45-5-602. Repealed.
Sec. 36, Ch. 167, L. 2023.
History: En. 94-5-603 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 2, L. 1975; R.C.M. 1947, 94-5-603(part); amd. Sec. 3, Ch. 312, L. 2001; amd. Sec. 9, Ch. 483, L. 2007; amd. Sec. 6, Ch. 374, L. 2013; amd. Sec. 3, Ch. 308, L. 2019.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-603. Repealed

45-5-603. Repealed.
Sec. 36, Ch. 167, L. 2023.
History: En. 94-5-603 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 2, L. 1975; R.C.M. 1947, 94-5-603(part); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 4, Ch. 312, L. 2001; amd. Sec. 86, Ch. 114, L. 2003; amd. Sec. 10, Ch. 483, L. 2007; amd. Sec. 7, Ch. 374, L. 2013; amd. Sec. 4, Ch. 308, L. 2019.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-604. Repealed

45-5-604. Repealed.
Sec. 36, Ch. 167, L. 2023.
History: En. 94-5-603 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 2, L. 1975; R.C.M. 1947, 94-5-603(4); amd. Sec. 1659, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-611. Bigamy

45-5-611. Bigamy.
(1) A person commits the offense of bigamy if, while married, the person knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:
(a) the offender believes on reasonable grounds that the prior spouse is dead;
(b) the offender and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the offender to be alive;
(c) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage and the offender does not know that judgment to be invalid; or
(d) the offender reasonably believes that the offender is legally eligible to remarry.
(2) A person convicted of bigamy shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. 94-5-604 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-604; amd. Sec. 1660, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-612. Marrying a bigamist

45-5-612. Marrying a bigamist.
(1) A person commits the offense of marrying a bigamist if the person contracts or purports to contract a marriage with another knowing that the other is committing bigamy.
(2) A person convicted of the offense of marrying a bigamist shall be fined not to exceed $500 or be imprisoned in the county jail for any period not to exceed 6 months, or both.
History: En. 94-5-605 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-605; amd. Sec. 1661, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-620. Repealed

45-5-620. Repealed.
Sec. 3, Ch. 29, L. 2007.
History: En. Sec. 2, Ch. 638, L. 1993; amd. Sec. 1, Ch. 187, L. 1995.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-623. Unlawful transactions with children

45-5-623. Unlawful transactions with children.
(1) Except as provided for in 16-6-305, a person commits the offense of unlawful transactions with children if the person knowingly:
(a) sells or gives explosives to a child except as authorized under appropriate city ordinances;
(b) sells or gives intoxicating substances other than alcoholic beverages to a child;
(c) sells or gives an alcoholic beverage to a person under 21 years of age;
(d) sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302;
(e) sells or gives to a child a synthetic marijuana product, as defined in 16-12-102;
(f) being a junk dealer, pawnbroker, or secondhand dealer, receives or purchases goods from a child without authorization of the parent or guardian; or
(g) tattoos or provides a body piercing on a child without the explicit in-person consent of the child's parent or guardian. For purposes of this subsection (1)(g), "tattoo" and "body piercing" have the meaning provided in 50-48-102. Failure to adequately verify the identity of a parent or guardian is not an excuse for violation of this subsection (1)(g).
(2) A person convicted of the offense of unlawful transactions with children shall be fined an amount not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. A person convicted of a second offense of unlawful transactions with children shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for any term not to exceed 6 months, or both. (See compiler's comments for contingent termination of certain text.)
History: En. 94-5-609 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-5-609; amd. Sec. 2, Ref. 74, app. Nov. 7, 1978; amd. Sec. 4, Ch. 217, L. 1987; amd. Sec. 4, Ch. 448, L. 1989; amd. Sec. 1, Ch. 155, L. 1997; amd. Sec. 2, Ch. 391, L. 2003; amd. Sec. 16, Ch. 386, L. 2005; amd. Sec. 1, Ch. 66, L. 2021; amd. Sec. 9, Ch. 746, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-626. Violation of order of protection

45-5-626. Violation of order of protection.
(1) Except as provided in 50-32-609, a person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for in 40-4-121 or an order of protection under Title 40, chapter 15. It may be inferred that the defendant had knowledge of an order at the time of an offense if the defendant had been served with the order before the time of the offense. Service of the order is not required upon a showing that the defendant had knowledge of the order and its content.
(2) Only the respondent under an order of protection may be cited for a violation of the order. The petitioner who filed for an order of protection may not be cited for a violation of that order of protection.
(3) An offender convicted of violation of an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense. Upon conviction for a second offense, an offender shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months. Upon conviction for a third or subsequent offense, an offender shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years.
History: En. Sec. 9, Ch. 526, L. 1985; amd. Sec. 12, Ch. 350, L. 1995; amd. Sec. 13, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-627. Ritual abuse of minor -- exceptions -- penalty

45-5-627. Ritual abuse of minor -- exceptions -- penalty.
(1) A person commits the offense of ritual abuse of a minor if the person purposely or knowingly and as part of any ceremony, rite, or ritual or of any training or practice for any ceremony, rite, or ritual:
(a) has sexual intercourse without consent with a person less than 16 years of age; commits assault, aggravated assault, assault on a minor, or assault with a weapon against a victim less than 16 years of age; or kills a person less than 16 years of age;
(b) actually or by simulation tortures, mutilates, or sacrifices an animal or person in the presence of the minor;
(c) dissects, mutilates, or incinerates a human corpse or remains in the presence of the minor;
(d) forces upon the minor or upon another person in the presence of a minor the ingestion or the external bodily application of human or animal urine, feces, flesh, blood, bone, or bodily secretions or drugs or chemical compounds;
(e) places a living minor or another living person in the presence of a minor in a coffin or open grave that is empty or that contains a human corpse or remains; or
(f) threatens the minor or, in the presence of the minor, threatens any person or animal with death or serious bodily harm and the minor reasonably believes that the threat will or may be carried out.
(2) This section does not apply to activities, practices, and procedures otherwise allowed by law.
(3) Except as provided in 46-18-219, a person convicted of ritual abuse of a minor shall:
(a) for the first offense, be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, or both; and
(b) for a second or subsequent offense, be imprisoned in the state prison for any term of not less than 2 years or more than 40 years and may be fined not more than $50,000, or both.
(4) In addition to any sentence imposed under subsection (3), after determining pursuant to 46-18-242 the financial resources and future ability of the offender to pay restitution, the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
History: En. Sec. 1, Ch. 560, L. 1993; amd. Sec. 10, Ch. 482, L. 1995; amd. Sec. 9, Ch. 432, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-628. Criminal child endangerment

45-5-628. Criminal child endangerment.
(1) A person commits the offense of criminal child endangerment if the person purposely, knowingly, or negligently causes substantial risk of death or serious bodily injury to a child under 14 years of age by:
(a) failing to seek reasonable medical care for a child suffering from an apparent acute life-threatening condition;
(b) placing a child in the physical custody of another who the person knows has previously purposely or knowingly caused bodily injury to a child;
(c) placing a child in the physical custody of another who the person knows has previously committed an offense against the child under 45-5-502 or 45-5-503;
(d) manufacturing or distributing dangerous drugs in a place where a child is present;
(e) operating a motor vehicle under the influence of alcohol or dangerous drugs in violation of 61-8-1002 or committing aggravated driving under the influence as defined in 61-8-1001 with a child in the vehicle; or
(f) failing to attempt to provide proper nutrition for a child, resulting in a medical diagnosis of nonorganic failure to thrive.
(2) A person may not be charged under subsection (1)(b) or (1)(c) if the person placed the child in the other person's custody pursuant to a court order.
(3) A person convicted of the offense of criminal child endangerment shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
(4) For purposes of this section, "nonorganic failure to thrive" means inadequate physical growth that is a result of insufficient nutrition and is not secondary to a diagnosed medical condition.
History: En. Sec. 1, Ch. 304, L. 2013; amd. Sec. 23, Ch. 498, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-631. Interference with parent-child contact

45-5-631. Interference with parent-child contact.
(1) A person who has been granted parent-child contact under a parenting plan commits the offense of interference with parent-child contact if the person knowingly or purposely prevents, obstructs, or frustrates the rights of another person entitled to parent-child contact under an existing court order.
(2) A person convicted of the offense of interference with parent-child contact shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 5 days, or both.
History: En. Sec. 1, Ch. 493, L. 1987; amd. Sec. 36, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-632. Aggravated interference with parent-child contact

45-5-632. Aggravated interference with parent-child contact.
(1) A person who commits the offense of interference with parent-child contact by changing the residence of the minor child to another state without giving written notice as required in 40-4-217, unless the notice requirement has been precluded under 40-4-234, or without written consent of the person entitled to parent-child contact pursuant to an existing court order commits the offense of aggravated interference with parent-child contact.
(2) A person convicted of the offense of aggravated interference with parent-child contact shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 18 months, or both.
History: En. Sec. 2, Ch. 493, L. 1987; amd. Sec. 37, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-633. Defenses to interference with parent-child contact and aggravated interference with parent-child contact

45-5-633. Defenses to interference with parent-child contact and aggravated interference with parent-child contact.
(1) A person does not commit the offense of interference with parent-child contact or aggravated interference with parent-child contact if the person acts:
(a) with the consent of the person entitled to parent-child contact;
(b) under an existing court order; or
(c) with reasonable cause.
(2) Return of the child before arrest is a defense only with respect to the first commission of interference with parent-child contact or aggravated interference with parent-child contact.
History: En. Sec. 3, Ch. 493, L. 1987; amd. Sec. 38, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-634. Parenting interference

45-5-634. Parenting interference.
(1) A person commits the offense of parenting interference if, knowing that the person has no legal right to do so, the person:
(a) before the entry of a court order determining parenting rights, takes, entices, or withholds a child from the other parent when the action manifests a purpose to substantially deprive that parent of parenting rights; or
(b) is one of two persons who has parenting authority of a child under a court order and takes, entices, or withholds the child from the other when the action manifests a purpose to substantially deprive the other parent of parenting rights.
(2) A person convicted of the offense of parenting interference shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
(3) With respect to the first alleged commission of the offense only, a person who has not left the state does not commit an offense under this section if the person voluntarily returns the child before arraignment. With respect to the first alleged commission of the offense only, a person who has left the state does not commit an offense under this section if the person voluntarily returns the child before arrest.
History: En. Sec. 35, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 6. Offenses Against the Family › 45-5-637. Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age prohibited -- unlawful attempt to purchase -- penalties

45-5-637. Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age prohibited -- unlawful attempt to purchase -- penalties.
(1) A person under 18 years of age who knowingly possesses or consumes a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302, commits the offense of possession or consumption of a tobacco product, alternative nicotine product, or vapor product.
(2) A person convicted of possession or consumption of a tobacco product, alternative nicotine product, or vapor product:
(a) shall be fined $50 for a first offense, no less than $75 or more than $100 for a second offense, and no less than $100 or more than $250 for a third or subsequent offense; or
(b) may be adjudicated on a petition alleging the person to be a youth in need of intervention under the provisions of the Montana Youth Court Act provided for in Title 41, chapter 5.
(3) A person convicted of possession or consumption of a tobacco product, alternative nicotine product, or vapor product may also be required to perform community service or to attend a tobacco cessation program.
(4) A person under 18 years of age commits the offense of attempt to purchase a tobacco product, alternative nicotine product, or vapor product if the person knowingly attempts to purchase a tobacco product, alternative nicotine product, or vapor product, as defined in 16-11-302. A person convicted of attempt to purchase a tobacco product, alternative nicotine product, or vapor product:
(a) for a first offense, shall be fined $50 and may be ordered to perform community service;
(b) for a second or subsequent offense, shall be fined an amount not to exceed $100 and may be ordered to perform community service.
(5) The fines collected under subsections (2) and (4) must be deposited to the credit of the general fund of the local government that employs the arresting officer, or if the arresting officer is an officer of the highway patrol, the fines must be credited to the county general fund in the county in which the arrest was made.
History: En. Sec. 1, Ch. 376, L. 1995; amd. Sec. 55, Ch. 550, L. 1997; amd. Sec. 4, Ch. 498, L. 2001; amd. Sec. 10, Ch. 337, L. 2015.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-701. Definitions

45-5-701. Definitions.
As used in this part, the following definitions apply:
(1) "Adult" means a person 18 years of age or older.
(2) "Coercion" means:
(a) the use or threat of force against, abduction of, serious harm to, or physical restraint of a person;
(b) the use of a plan, pattern, or statement with intent to cause a person to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of a person;
(c) the abuse or threatened abuse of law or legal process;
(d) controlling or threatening to control a person's access to any substance defined as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2;
(e) the actual or threatened destruction or taking of a person's identification document or other property;
(f) the use of debt bondage;
(g) the use of a person's physical or mental impairment when the impairment has a substantial adverse effect on the person's cognitive or volitional function; or
(h) the commission of civil or criminal fraud.
(3) "Commercial sexual activity" means sexual activity for which anything of value is given to, promised to, or received by a person.
(4) "Debt bondage" means inducing a person to provide:
(a) commercial sexual activity in payment toward or satisfaction of a real or purported debt; or
(b) labor or services in payment toward or satisfaction of a real or purported debt if:
(i) the reasonable value of the labor or services is not applied toward the liquidation of the debt; or
(ii) the length of the labor or services is not limited and the nature of the labor or services is not defined.
(5) "Human trafficking" means the commission of an offense under 45-5-702, 45-5-703, 45-5-705, 45-5-706, or 45-5-711.
(6) "Identification document" means a passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government.
(7) "Labor or services" means activity having economic value.
(8) "Prostitution" has the meaning provided in 45-5-601.
(9) "Serious harm" means physical or nonphysical harm, including psychological, economic, or reputational harm to a person that would compel a reasonable person of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm.
(10) "Sexual activity" means any sex act or simulated sex act intended to arouse or gratify the sexual desire of any person. The term includes a sexually explicit performance.
(11) "Sexual contact" has the meaning provided in 45-2-101.
(12) "Sexually explicit performance" means a live, public, private, photographed, recorded, or videotaped act or simulated act intended to arouse or gratify the sexual desire of any person.
History: En. Sec. 1, Ch. 285, L. 2015; amd. Sec. 10, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-702. Sex trafficking

45-5-702. Sex trafficking.
(1) A person commits the offense of sex trafficking if the person purposely or knowingly:
(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or prostitution business;
(b) procures an individual for a house of prostitution or prostitution business or procures a place in a house of prostitution or prostitution business for an individual;
(c) encourages, induces, or otherwise purposely causes another person to become or remain a prostitute;
(d) solicits clients for another person who is a prostitute;
(e) procures a prostitute for a patron;
(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;
(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means;
(h) recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices another person intending or knowing that the person will be subjected to prostitution; or
(i) benefits, financially or by receiving anything of value, from facilitating any conduct described in subsections (1)(a) through (1)(h).
(2) A person convicted of the offense of sex trafficking shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years, fined in the amount of $400,000, or both.
History: En. Sec. 2, Ch. 285, L. 2015; amd. Sec. 5, Ch. 308, L. 2019; amd. Sec. 5, Ch. 666, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-703. Labor trafficking

45-5-703. Labor trafficking.
(1) A person commits the offense of labor trafficking if the person purposely or knowingly uses coercion to compel another person to provide labor or services, unless the conduct is otherwise permissible under federal or state law.
(2) Except as provided in subsection (3), a person convicted of the offense of labor trafficking shall be imprisoned in the state prison for a term of not more than 15 years, fined in the amount of $400,000, or both.
(3) If the victim is less than 18 years of age, the offender shall be imprisoned in the state prison for a term of not less than 4 years or more than 50 years, fined in the amount of $400,000, or both.
History: En. Sec. 3, Ch. 285, L. 2015; amd. Sec. 7, Ch. 666, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-704. Repealed

45-5-704. Repealed.
Sec. 36, Ch. 167, L. 2023.
History: En. Sec. 4, Ch. 285, L. 2015; amd. Sec. 6, Ch. 308, L. 2019.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-705. Patronizing victim of sex trafficking

45-5-705. Patronizing victim of sex trafficking.
(1) A person commits the offense of patronizing a victim of sex trafficking if the person purposely or knowingly gives, agrees to give, or offers to give anything of value so that a person may engage in commercial sexual activity that involves sexual contact that is direct and not through clothing with another person who the person knows or reasonably should have known is a victim of sex trafficking.
(2) Except as provided in subsection (3), a person convicted of the offense of patronizing a victim of sex trafficking shall:
(a) for the first offense, be imprisoned in the state prison for a term of not more than 15 years, fined in the amount of $400,000, or both; or
(b) for a second or subsequent offense, be imprisoned in the state prison for a term of not less than 2 years or more than 15 years, fined in the amount of $400,000, or both.
(3) (a) If the individual patronized was a child and the patron was 18 years of age or older, a person convicted of the offense of patronizing a victim of sex trafficking, whether or not the person believed the child was an adult:
(i) shall be imprisoned in the state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (3)(a)(i) except as provided in 46-18-222, and during the first 25 years of imprisonment the offender is not eligible for parole.
(ii) shall be fined in the amount of $400,000; and
(iii) must be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.
(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
(4) It is not a defense in a prosecution under this section:
(a) that a child consented to engage in commercial sexual activity; or
(b) that the defendant believed that the child was an adult. Absolute liability, as provided in 45-2-104, is imposed.
History: En. Sec. 5, Ch. 285, L. 2015; amd. Sec. 7, Ch. 308, L. 2019; amd. Sec. 8, Ch. 666, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-706. Aggravated sex trafficking

45-5-706. Aggravated sex trafficking.
(1) A person commits the offense of aggravated sex trafficking if, during the commission of the offense of sex trafficking, the person purposely or knowingly:
(a) uses fraud, coercion, or deception to control an adult to engage in prostitution; or
(b) recruits, entices, or obtains the victim of the offense from a shelter that serves runaway youth, foster children, homeless persons, human trafficking victims, or victims of domestic violence or sexual violence.
(2) A person convicted of the offense of aggravated sex trafficking shall be imprisoned in the state prison for a term of not less than 5 years or more than 40 years, fined in the amount of $400,000, or both. The exceptions provided in 46-18-222(5) and (6) do not apply.
History: En. Sec. 6, Ch. 285, L. 2015; amd. Sec. 9, Ch. 666, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-708. Past sexual behavior of victim

45-5-708. Past sexual behavior of victim.
In a prosecution for an offense under 45-5-702, 45-5-703, 45-5-705, 45-5-706, or 45-5-711 or a civil action under 27-1-755, evidence concerning a specific instance of the victim's past sexual behavior or reputation or opinion evidence of the victim's past sexual behavior is inadmissible unless the evidence is admitted in accordance with 45-5-511(2) or offered by the prosecution to prove a pattern of human trafficking by the defendant.
History: En. Sec. 8, Ch. 285, L. 2015; amd. Sec. 16, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-709. Immunity of child -- sex therapy participants

45-5-709. Immunity of child -- sex therapy participants.
(1) A person is not criminally liable or subject to proceedings under Title 41, chapter 5, for prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or other nonviolent offenses if the person was a child at the time of the offense and committed the offense as a direct result of being a victim of human trafficking.
(2) A person who has engaged in commercial sexual activity is not criminally liable or subject to proceedings under Title 41, chapter 5, for prostitution if the person was a child at the time of the offense.
(3) A child who under subsection (1) or (2) is not subject to criminal liability or proceedings under Title 41, chapter 5, is presumed to be a youth in need of care under Title 41, chapter 3, and is entitled to specialized services and care, which may include access to protective shelter, food, clothing, medical care, counseling, and crisis intervention services, if appropriate.
(4) Subsections (1) through (3) do not apply in a prosecution under 45-5-601 or a proceeding under Title 41, chapter 5, for patronizing a prostitute.
(5) It is not a violation of this part for a person with an impaired physical ability, physical dysfunction, recent injury, or other disability to engage in sex therapy with a partner surrogate who is working under the supervision of a clinical social worker, marriage and family therapist, or clinical professional counselor licensed under Title 37, chapter 39.
History: En. Sec. 9, Ch. 285, L. 2015; amd. Sec. 8, Ch. 308, L. 2019; amd. Sec. 2, Ch. 468, L. 2019; amd. Sec. 17, Ch. 167, L. 2023; amd. Sec. 26, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-710. Affirmative defense

45-5-710. Affirmative defense.
A person charged with prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or another nonviolent offense committed as a direct result of being a victim of human trafficking may assert an affirmative defense that the person is a victim of human trafficking.
History: En. Sec. 10, Ch. 285, L. 2015; amd. Sec. 18, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-711. Child sex trafficking

45-5-711. Child sex trafficking.
(1) A person commits the offense of child sex trafficking by purposely or knowingly:
(a) committing the offense of sex trafficking with a child; or
(b) recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, enticing, or using a child for the purposes of commercial sexual activity.
(2) (a) A person convicted of the offense of child sex trafficking shall be imprisoned in the state prison for a term of 100 years. The court may not suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this subsection (2)(a) except as provided in 46-18-222(1) through (4). During the first 25 years of imprisonment, the offender is not eligible for parole. The exceptions provided in 46-18-222(5) and (6) do not apply.
(b) In addition to the sentence of imprisonment imposed under subsection (2)(a), the offender:
(i) must be fined in the amount of $400,000; and
(ii) if released after the mandatory minimum period of imprisonment, is subject to supervision by the department of corrections for the remainder of the offender's life and shall participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
(3) It is not a defense in a prosecution under this section:
(a) that a child consented to engage in commercial sexual activity; or
(b) that the defendant believed the child was an adult. Absolute liability, as provided in 45-2-104, is imposed.
History: En. Sec. 6, Ch. 666, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 5. Offenses Against the Person › Part 7. Human Trafficking › 45-5-712. Evidence in cases of sex trafficking, aggravated sex trafficking, or child sex trafficking

45-5-712. Evidence in cases of sex trafficking, aggravated sex trafficking, or child sex trafficking.
(1) In a case that involves a question of whether a place is a house of prostitution, evidence of the following, in addition to all other admissible evidence, is admissible:
(a) the general reputation of the place;
(b) the reputations of the place's residents and the nonresidents who frequent the place; and
(c) the frequency, timing, and duration of visits by nonresidents.
(2) Testimony of a person against the person's spouse is admissible under 45-5-702, 45-5-706, or 45-5-711.
History: En. Sec. 20, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 1. Criminal Mischief and Arson › 45-6-101. Criminal mischief

45-6-101. Criminal mischief.
(1) A person commits the offense of criminal mischief if the person knowingly or purposely:
(a) injures, damages, or destroys any property of another or public property without consent;
(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;
(c) damages or destroys property with the purpose to defraud an insurer; or
(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns.
(2) A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
(3) A person convicted of the offense of criminal mischief shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $1,500, injures or kills a commonly domesticated hoofed animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services, the offender shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
(4) Amounts involved in criminal mischiefs committed pursuant to a common scheme or the same transaction, whether against the public or the same person or several persons, may be aggregated in determining pecuniary loss.
(5) A person convicted of or who forfeits bond or bail for committing an act of criminal mischief involving property owned or administered by the department of fish, wildlife, and parks shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for at least 24 months from the date of conviction or forfeiture.
History: En. 94-6-102 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 88, L. 1975; R.C.M. 1947, 94-6-102; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 3, Ch. 560, L. 1981; amd. Sec. 1, Ch. 581, L. 1983; amd. Sec. 1, Ch. 98, L. 1989; amd. Sec. 2, Ch. 616, L. 1993; amd. Sec. 3, Ch. 397, L. 1999; amd. Sec. 2, Ch. 121, L. 2009; amd. Sec. 2, Ch. 473, L. 2009; amd. Sec. 82, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 1. Criminal Mischief and Arson › 45-6-102. Negligent arson

45-6-102. Negligent arson.
(1) A person commits the offense of negligent arson if the person purposely or knowingly starts a fire or causes an explosion, whether on the person's own property or property of another, and thereby negligently:
(a) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion; or
(b) places property of another in danger of damage or destruction.
(2) A person convicted of the offense of negligent arson shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender places another person in danger of death or bodily injury, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.
History: En. 94-6-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-103; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 590, L. 1985; amd. Sec. 1662, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 1. Criminal Mischief and Arson › 45-6-103. Arson

45-6-103. Arson.
(1) A person commits the offense of arson when, by means of fire or explosives, the person knowingly or purposely:
(a) damages or destroys a structure, vehicle, personal property (other than a vehicle) that exceeds $1,500 in value, crop, pasture, forest, or other real property that is property of another without consent;
(b) damages or destroys a structure, vehicle, crop, pasture, forest, or other property that the person owns or has a possessory interest in, with the purpose of obtaining a pecuniary or other gain through fraud or deception; or
(c) places another person in danger of death or bodily injury, including a firefighter responding to or at the scene of a fire or explosion.
(2) A person convicted of the offense of arson shall be imprisoned in the state prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
History: En. 94-6-104 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 261, L. 1975; R.C.M. 1947, 94-6-104; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 590, L. 1985; amd. Sec. 1, Ch. 124, L. 1995; amd. Sec. 4, Ch. 397, L. 1999; amd. Sec. 3, Ch. 473, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 1. Criminal Mischief and Arson › 45-6-104. Desecration of capitol, place of worship, cemetery, or public memorial

45-6-104. Desecration of capitol, place of worship, cemetery, or public memorial.
(1) In this section, "capitol" means the Montana state capitol building and any permanent monuments on the capitol grounds.
(2) A person commits the offense of desecration if the person purposely:
(a) defiles or defaces the capitol or a place of worship, cemetery, or public memorial;
(b) places on or attaches to the capitol or a place of worship, cemetery, or public memorial any mark, design, or material not properly a part of the capitol, place of worship, cemetery, or public memorial; or
(c) injures, damages, or destroys any portion of the capitol or of a place of worship, cemetery, or public memorial.
(3) A person convicted of the offense of desecration shall be:
(a) incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, if the damage does not exceed $1,500; or
(b) imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both, if there is $1,500 or more of damage.
(4) With regard to the capitol, this section does not apply to displays or actions authorized by the department of administration.
History: En. Sec. 1, Ch. 533, L. 1995; amd. Sec. 1, Ch. 141, L. 1999; amd. Sec. 4, Ch. 473, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 6. Offenses Against Property › Part 1. Criminal Mischief and Arson › 45-6-105. Criminal destruction of or tampering with communication device

45-6-105. Criminal destruction of or tampering with communication device.
(1) A person commits the offense of criminal destruction of or tampering with a communication device if the person purposely or knowingly destroys or tampers with a telephone or other communication device to obstruct, prevent, or interfere with:
(a) the report to any law enforcement agency of any actual criminal offense;
(b) the report to any law enforcement agency of any actual bodily injury or property damage; or
(c) a request made to any governmental agency or to any hospital, doctor, or other medical provider for necessary ambulance or emergency medical assistance.
(2) A person destroys or tampers with a communication device by making the communication device unusable or inoperable, by interrupting its use, or by making it inaccessible.
(3) A person convicted of the offense of criminal destruction of or tampering with a communication device shall be fined an amount not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both.
History: En. Sec. 1, Ch. 413, L. 2007.