Consent as defense
(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.
(2) Consent is ineffective if:
(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;
(b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;
(c) it is induced by force, duress, or deception;
(d) it is against public policy to permit the conduct or the resulting harm, even though consented to; or
(e) for offenses under 45-5-502, 45-5-503, 45-5-508, 45-5-601, 45-5-602, 45-5-603, or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701, or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.
(1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense.
(2) Consent is ineffective if:
(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;
(b) it is given by a person who by reason of youth, mental disease or disorder, or intoxication is unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;
(c) it is induced by force, duress, or deception;
(d) it is against public policy to permit the conduct or the resulting harm, even though consented to; or
(e) for offenses under 45-5-502, 45-5-503, 45-5-508, 45-5-601, 45-5-602, 45-5-603, or Title 45, chapter 5, part 7, it is given by a person who the offender knew or reasonably should have known was a victim of human trafficking, as defined in 45-5-701, or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred.
Consent as defense
| EnactedEn. 94-2-111 by SectionSec. 1, ChapterCh. 513, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 13, ChapterCh. 359, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 94-2-111 |
| AmendedAmd. SectionSec. 7, ChapterCh. 161, Laws ofL. 2015 (HB 382 - Dunwell, Mary Ann (D) HD 84) |
| AmendedAmd. SectionSec. 1, ChapterCh. 308, Laws ofL. 2019 (SB 147 - MacDonald, Margaret (Margie) (D) SD 26) |